Wage and Hour Division (WHD)

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NEW YORK -- The U.S. Department of Labor has sued Liberty Fruits & Produce Corp. and Liberty Produce Inc., doing business as Liberty Fish Inc., both of Richmond Hill, Queens, N.Y., as well as company owners June Hyung Kil and Tae Hyung Kil 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 19 employees working at the companies’ retail produce stores were required to work more than 40 hours many workweeks without being compensated properly for the overtime hours worked. The investigation also found that the companies did not keep proper records of the number of hours employees worked.

The FLSA requires that covered employees be paid at least the applicable 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.

Jacobson noted that many of the employees at these companies are Spanish-speaking and pointed out that Spanish-speaking workers in New York City can take advantage of the Wage and Hour Division’s TEACH hotline if they have questions about how they are being treated or paid by their employers. The hotline – TEACH (Trabajadores Edifican Alianza en la Communidad Hispana) or “Workers Building Outreach in the Spanish Speaking Community” – was established a little over a year ago in partnership with the Consulate General of Mexico in New York City and can be reached at 718-254-9416.

The Labor Department’s lawsuit, filed with the U.S. District Court for the Eastern District of New York, charges the defendants with willful violations of the overtime and recordkeeping provisions of the FLSA since April 24, 2005. 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. Liberty Fruits & Produce Corp. et al; Civil Action Number: 1:08-CV-01427.

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