Wage and Hour Division (WHD)

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New York -- Three Bronx, N.Y., employers, all part of the same enterprise, have agreed to pay 75 low wage workers almost $208,000 in back wages following a U.S. Labor Department investigation into alleged violations of the federal Fair Labor Standards Act (FLSA). Pelham Bay Car Wash, Boston Road Car Wash and MCA Oil Change Corp. were found in violation of the statute’s minimum wage, overtime and recordkeeping provisions for the period between Jan. 1, 2004, and Dec. 31, 2005.

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

“Most of these employees worked between eight and 12 hours each day, six days per week,” said Philip Jacobson, director of the department’s Wage and Hour Division district office in Manhattan. “That adds up to several hours beyond 40 each workweek for which they should have been paid the overtime premium of time and one-half. These employers violated the FLSA’s minimum wage provisions by sharing employee tips with non-tipped employees; the overtime provisions by paying employees straight time for all hours worked; and the recordkeeping provisions by improperly documenting how many hours each employee worked each day.”

The Wage and Hour Division is attempting to locate several workers who are no longer employed by the Bronx establishments to pay them the money they are due. Individuals who believe they are due back wages as part of this settlement should contact the division’s New York City District Office at (212) 264-8185. Another way to check possible eligibility is to visit the Wage and Hour Web site at www.wagehour.dol.gov, click on the “Back Wage Employee Locator” link and answer the questions there.

Pelham Bay Car Wash, 1826 Eastchester Road, Bronx, N.Y., owes 36 workers a total of $112,790.93.

Boston Road Car Wash, 3812 Baychester Ave., Bronx, N.Y., owes 28 workers a total of $61,902.11.

MCA Oil Change Corp., 3804 Boston Road, Bronx, N.Y., owes 11 workers a total of $33,296.38.

The Wage and Hour Division’s New York City District Office investigated this case, and the Department of Labor’s New York Regional Solicitor’s Office, also in Manhattan, assisted in negotiating the settlement agreements. For more information about the requirements of the 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.

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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.