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OPA News Release: [03/15/2005]
Contact Name:
Dolline Hatchett
Phone Number: 202-693-4651 or x4676
Release Number: 05-0381-NAT
U.S. Department of Labor Recovers More Than $830,000 in
Overtime Back Wages for 100 Employees in Hicksville, N.Y.
WASHINGTON—The U.S. Department of Labor has announced
that Harold Levinson Associates, Inc., and Edward Berro, its president, have
been ordered to pay more than $831,000 in back wages and liquidated damages
to more than 100 employees as a result of the company's violations of the
overtime requirements of the Fair Labor Standards Act (FLSA).
“This action reflects this Administration's commitment to protecting overtime
rights and ensuring that workers receive all the wages they have earned,” said
Secretary of Labor Elaine Chao. “In this case, we have recovered more than
$831,000 for these workers.”
Harold Levinson Associates is involved in the wholesale distribution of
candy, cigarettes and tobacco. Early in the Labor Department's investigation,
the company was located in Plainview, N.Y.; it later moved to Hicksville,
New York.
The Court of Appeals for the Second Circuit in New York, previously had
remanded the case to the district court for a recomputation of back wages
owed employees of the firm. After a second trial, the district court accepted
the department's calculation of back wages and liquidated damages totaling
more than $831,000. The Court of Appeals affirmed this ruling.
The company did not keep proper records or pay overtime compensation as
required by the FLSA during two periods—one covering May 1992 to October
1993, and the other covering October 1993 to December 1994.
The FLSA requires that employees be paid at least the applicable minimum
wage as well as time and one-half their regular rate of pay for hours worked
over 40 per week. An employer must also keep accurate records of employees'
wages, hours, and other conditions of employment.
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