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November 5, 2008    DOL Home > ESA > WHD > News Releases > Boston > 08-1149-NEW/BOS 2008-233   

Wage and Hour Division (WHD)

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Wage and Hour Division - To promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce.

Press Releases

U.S. Department of Labor
Wage and Hour Division
Release Number: 08-1149-NEW/BOS 2008-233

Date: 

Tues., Aug. 12, 2008

Contact: 

John M. Chavez Ted Fitzgerald

Phone: 

617-565-2075 617-565-2074

U.S. Department of Labor sues New York City staffing company and president to recover overtime back wages for employees

NEW YORK -- The U.S. Department of Labor has sued Advanced Professional Marketing Inc. (APMI), a medical staffing company based in New York City, and the company’s president, Marissa Beck, for alleged violations of the overtime and recordkeeping provisions of the federal Fair Labor Standards Act (FLSA).

An investigation by the department’s Wage and Hour Division found that approximately 247 employees placed by the company in various medical facilities in the New York metropolitan area were often required to work more than 40 hours many workweeks without being compensated properly for the overtime hours worked. The investigation also found that the company and Marissa Beck did not keep proper records of the number of hours employees worked.

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.

“This legal action by the Labor Department demonstrates that we will not hesitate to file suit against employers who violate the law by failing to properly pay their employees for all the hours they work,” said Philip Jacobson, district director for the Wage and Hour Division’s district office in New York City.

The Labor Department’s lawsuit, filed with the U.S. District Court for the Southern District of New York, charges the defendants with willful violations of the overtime provisions of the FLSA, and violations of the recordkeeping provisions, since at least October 11, 2004. The suit asks the court to permanently enjoin the defendants from future violations of the law and to order them to pay employees overtime back wages due, along with an equal amount in liquidated damages or prejudgment interest.

The New York District Office of the Wage and Hour Division conducted this investigation, and the department’s suit was filed by its Regional Solicitor’s Office, also in New York City. For more information about the provisions of the FLSA, call the Department of Labor’s toll-free helpline at 866-4US-WAGE (487-9243) or contact the division’s New York office at 212-264-8185. Information is also available on the Internet at www.wagehour.dol.gov.


Chao v. Advanced Professional Marketing Inc., et al; Civil Action Number: 08-CV-7065

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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.


 



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