Wage and Hour Division (WHD)

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NEW YORK -- Amersino Marketing Group LLC of Brooklyn, N.Y., and the wholesale produce company’s two owners have agreed to pay 14 employees a total of $72,613 in back wages plus interest to resolve a lawsuit filed by the U.S. Department of Labor alleging violations of the federal Fair Labor Standards Act (FLSA).

The department’s suit was filed in the U.S. District Court for the Eastern District of New York following an investigation by the department’s Wage and Hour Division that disclosed violations of the FLSA’s minimum wage, overtime and recordkeeping provisions. In addition to the company, the suit named as defendants owners Yu Wang and Chow Wa.

The FLSA requires that covered employees be paid at least the federal minimum wage as well as time and one-half their regular rates 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, and prohibits retaliation against employees who exercise their rights under the law.

“This case is another in a long line,” said Philip Jacobson, director of the Wage and Hour Division’s district office in New York City, “that should demonstrate for employers of low-wage workers that the Department of Labor will not hesitate to take them to court to compel them to meet obligations under the law to pay employees properly for all hours worked.”

A consent judgment signed by Judge Carol B. Amon prohibits the defendants from future violations of the FLSA’s minimum wage, overtime, recordkeeping and anti-retaliation provisions. It orders the defendants to pay the back wages covering the period between March 29, 2004, and May 12, 2007. The defendants agreed to entry of the judgment while neither admitting nor denying the allegations contained in the Labor Department’s suit.

If the defendants fail to make the payments, the court will appoint a receiver with power to seize and liquidate their assets to satisfy the order. They are also ordered to advise their employees in Spanish and English of their rights under the FLSA, and in particular their right to engage in protected activity without fear of retaliation. Finally, the defendants must post official posters explaining employee rights under the FLSA where all employees may view them.

The Wage and Hour Division concluded 30,467 compliance actions and recovered a record $220 million in back wages for more than 341,000 employees in fiscal year 2007. Back-wage collections in fiscal year 2007 represent a 67 percent increase over back wages collected in fiscal year 2001. The number of workers receiving back wages has increased by 58 percent since fiscal year 2001. For more information about the FLSA, call the Department of Labor’s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov, and an interactive “e-laws advisor” providing detailed information about FLSA compliance is available at www.dol.gov/elaws/flsa.htm.

Chao v. Amersino Marketing Group LLC, et al;

Civil Action Number: 1:07-CV-05226-CAB-CLP

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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.