Wage and Hour Division (WHD)

Printer-Friendly Version

Press Releases

MANCHESTER, N.H. -- The U.S. Department of Labor has sued three Hudson, N.H., construction companies and their owners for alleged willful minimum wage, overtime and recordkeeping violations of the federal Fair Labor Standards Act (FLSA). The lawsuit, filed in the U.S. District Court for the District of New Hampshire, names as defendants Dipat Construction Inc. and owner Johanne Poulin; Jerry Construction Inc. and owner Jerry Poulin; and Kel-Rick Construction Management Inc. and owner Patrick Poulin.

“Because we are alleging that these violations are willful, we have assessed defendants civil money penalties totaling $122,100,” said George Rioux, director of the Labor Department’s Wage and Hour Division district office in Manchester, N.H. “Since the defendants have filed a timely exception to the assessment, this part of the case will be heard before the department’s Office of Administrative Law Judges.”

The suit alleges that, since March 30, 2004, the defendants have willfully and repeatedly failed to pay employees at least the federal minimum wage and often have required employees to work longer than 40 hours in a workweek without properly compensating them for overtime hours. It also alleges that the defendants failed to maintain required employment records.

The FLSA requires that covered employees be paid at least the federal minimum wage as well as one and one-half times their regular rates of pay for hours worked over 40 per week. The law also requires that accurate records of employees’ wages, hours and other conditions of employment be maintained.

The department’s suit asks the court to permanently prohibit the defendants from future violations of the FLSA, and for an order requiring them to pay employees minimum wage and overtime back wages due, as well as an equal amount in liquidated damages.

This case was investigated by the Manchester District Office of the Labor Department’s Wage and Hour Division, and the suit was filed by the department’s Regional Solicitor’s Office in Boston. For more information about the provisions of FLSA, call the department’s toll-free help line at (866) 4US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

Chao v. Dipat Construction Inc., et al; Civil Action Number: 1:07-CV-92

###

U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.