Wage and Hour Division (WHD)

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NEW YORK -- The U.S. Department of Labor has obtained over $20,000 in back overtime pay and “front pay” for employees of a Manhattan dry cleaner who were fired for exercising their rights under the federal Fair Labor Standards Act (FLSA).

According to Philip Jacobson, New York City district director of the Labor Department’s Wage and Hour Division, his office investigated Chesterfield Cleaners Co. Inc., located on Amsterdam Avenue in New York City, for compliance with the FLSA. The investigation found that the company and owner Gina Longo Pinzon owed four employees a total of $5,590 in back overtime wages. The company also failed to properly record all hours worked by employees.

The FLSA requires that covered employees be paid at least the applicable minimum wage and one and one-half times their regular rate of pay for hours worked over 40 per week. Employers must also maintain accurate records of employees’ wages, hours and other conditions of employment.

Said Jacobson, “This employer agreed to pay the back wages to the four employees and we thought the matter was closed. However, we soon learned that the employer had retaliated against three of the workers, firing them because she had been required to pay them back wages. Such retaliation is also a violation of the FLSA, and one that will not be tolerated.”

With the agreement of the three fired employees, Jacobson’s office negotiated a settlement with Pinzon in which she agreed to pay the three workers $15,000 in “front pay” in lieu of reinstating them and to avoid litigation. All monies due have now been paid to the workers.

“Employers must know their obligations to their employees under the law,” said Jacobson. “They should be especially aware that retaliating against any employee for exercising his or her rights under the law is a particularly odious act the Labor Department will not leave unchecked.”

The New York City District Office of the Wage and Hour Division conducted this investigation. For more information about the provisions of the FLSA, contact the Department of Labor’s toll-free help line at 1-866-4USWAGE (1-866-487-9243) or the Manhattan office at 212-264-8185. Information is also available on the Internet at www.wagehour.dol.gov.

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