Wage and Hour Division (WHD)

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NEW YORK, NY -- The U.S. Department of Labor has sued a Mount Vernon/New Rochelle, NY, car wash and its owner for alleged violations of federal minimum wage, overtime, and record-keeping requirements of the Fair Labor Standards Act (FLSA).

“The Department of Labor is committed to ensuring that workers, especially low-wage workers as in this case, are paid the full wages required under the law,” said Corlis Sellers, Northeast Regional Administrator of the Department’s Wage and Hour Division. “The department we will not hesitate to file court action to recover back wages for workers.”

Named in the suit, filed in the U.S. District Court for the Southern District of New York, are Prowash Express, Inc. of Mount Vernon and New Rochelle, NY, and Matthew Phillips, individually and as owner of the company.

An investigation by the department’s Wage and Hour Division revealed that approximately 20 current and former low-wage employees of Prowash Express were required to work many hours per week without being paid at least the federal minimum wage or proper overtime compensation. The defendants also failed to maintain adequate and accurate records of their employees’ wages, hours and other conditions of employment according to the investigation findings. The department’s suit alleges that the defendants have been willfully violating the FLSA since December 15, 2001.

The FLSA requires that employees be paid at least the applicable minimum wage; time and one-half their regular rate of pay for hours worked over 40 per week; and that accurate records are maintained of employees’ wages, hours and other conditions of employment.

The Labor Department’s lawsuit, filed on Dec. 21, 2004, asks the court for an injunction prohibiting the defendants from future violations of the FLSA. The complaint also asks the court to order the payment of all due back wages, including minimum wage and overtime compensation, and equal amounts of liquidated damages or prejudgment interest.

The department’s Wage and Hour Division office in White Plains, NY (914-682-6348), investigated this case, and the lawsuit was filed by the department’s Regional Solicitor’s Office in New York City. For more information about the requirements of the FLSA, call the Department of Labor’s toll-free help line at 1-866-4USWAGE (1-866-487-9243). 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.