Wage and Hour Division (WHD)

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SALT LAKE CITY -- The U.S. Department of Labor has filed a complaint in U.S. District Court in Salt Lake City against Jolene’s – Draper, LLC, doing business as Jolene’s, a chain of retail stores engaged in the sale of children’s clothes. The complaint alleges repeated and willful violations of the minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act (FLSA).

Filed against the company and its principal Toha Quan, also known as Jimmy Quan, the complaint charges that the firm failed to pay employees at least the minimum wage; did not pay employees who worked more than 40 hours a week the proper overtime compensation, and failed to keep records showing hours employees worked and wages they were paid, among other things. The suit seeks an injunction against the firm and the individual defendants prohibiting any future minimum wage, overtime or recordkeeping violations. The complaint also seeks back wages due employees plus liquidated damages in an amount equal to the back wages.

The Wage and Hour Division also assessed a civil money penalty against Jolene’s in the amount of $18,100 for the repeat and willful nature of the violations, according to Dean A. Campbell, Wage and Hour district director in Salt Lake City. “One of the elements of our enforcement strategy is to assess penalties and seek litigation in cases where employers continue to violate the law,” said Campbell.

The firm filed an exception to the civil money penalty and an order of reference also has been filed with the U.S. Department of Labor, Office of Administrative Law Judges to affirm the assessment of penalties.

The most recent investigation at the firm, in which $11,463.78 in back wages was found due 17 employees, was the third investigation of the defendants where monetary and recordkeeping violations were found. The firm did not pay the back wages due employees. The prior investigations were conducted in California.

The FLSA, enforced by the Labor Department's Wage and Hour Division, sets the federal minimum wage at $5.15 per hour and generally requires overtime for hours worked more than 40 in any workweek. It also sets limits on the employment of minors and requires employers to keep adequate time and payroll records.

For more information about the FLSA, call the Department of Labor’s toll-free help line at 1-866-USWAGE (1-866-487-9243). Information is also available on the Internet at www.dol.gov.

Civil Action Number: 2:05CV00664 DB

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