Wage and Hour Division (WHD)

Printer-Friendly Version

Press Releases

PLANO, Texas -- The U.S. Department of Labor has filed a lawsuit against Texas Quality Painting Inc., as well as Mitchell Zivin, Wendy Zivin and Trinidad Sanchez, for allegedly failing to pay the company’s workers overtime as required by the Fair Labor Standards Act (FLSA) and for violating that law’s recordkeeping provisions.

The complaint was filed in the U.S. District Court for the Northern District of Texas, Dallas Division. The suit resulted from an investigation by the department’s Wage and Hour Division in Dallas.

“The individuals who operate this company have been the subject of prior investigations for the same violations,” said Cynthia Watson, the Wage and Hour Division’s southwestern regional administrator. “In this case, employees were paid straight time for all hours worked, including hours worked over 40 in a workweek. Approximately $250,000 is due 192 workers. The company also failed to keep adequate payroll records.”

The investigation covered a two-year period. Texas Quality Painting provides painting, texturing and wall covering services for commercial and residential customers.

The FLSA requires that covered employees be paid at least the federal minimum wage for all hours worked, plus time and one-half their regular rates of pay for hours worked beyond 40 per week, unless otherwise exempt. Employers must also maintain accurate time and payroll records.

The Wage and Hour Division concluded 31,987 compliance actions and recovered more than $171 million in back wages for more than 246,000 employees in fiscal year 2006. Back-wage collections last year represent a 30 percent increase over back wages collected in fiscal year 2001. The number of workers receiving back wages has increased by 14 percent since year 2001.

For more information about the FLSA and other laws administered by the Wage and Hour Division, call the department’s toll-free helpline at (866) 4US-WAGE (487-9243) or contact the division’s Dallas District Office at (817) 861-2150. Information is also available on the Internet at www.wagehour.dol.gov.

###

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.