Wage and Hour Division (WHD)

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BOSTON -- O'Connor Painting and Construction, Inc., of Somerville, Mass., and company president Thomas D. O'Connor have agreed to pay 120 present and former employees a total of $60,000 in overtime wages to resolve a lawsuit filed by the U.S. Department of Labor.

According to Corey Surett, district director for the department's Wage and Hour Division in Boston, an investigation by his agency determined that workers employed by the defendants as painters were not paid overtime as required by the Fair Labor Standards Act (FLSA).

The FLSA requires that covered workers be paid one-and-one-half times their regular rates of pay for all hours worked over 40 in a single work week. The law also requires employers to maintain adequate and accurate records of employees' wages, hours and other conditions of employment. Surett noted that the Wage and Hour Division also found the defendants to have violated the recordkeeping requirements.

A consent judgment, signed by U.S. District Judge Robert E. Keeton on March 22, 2002, resolves the Labor Department's lawsuit against O'Connor Painting and Construction, Inc., and Thomas D. O'Connor, which was filed Jan. 3, 2002, in the U.S. District Court for the District of Massachusetts. The suit covered the period from Feb. 22, 1997 through Feb. 29, 2000.

The judgment requires the defendants to pay the back wages on an installment plan that requires the final payments to be made on or before April 1, 2004. The defendants must also refrain from future violations of the FLSA and must maintain accurate payroll records. O'Connor Painting and Construction, Inc., and Thomas D. O'Connor also agree to pay $10,000 in civil money penalties to the Labor Department to settle their alleged repeated and willful violations of the law.

The Labor Department's legal action followed an investigation by the Boston District Office of the Wage and Hour Division. For more information on federal overtime pay requirements or other provisions of the FLSA, call the Department of Labor's toll-free help line a 1-866-4USWAGE (1-866-487-9243) or contact the Boston district office at 617-624-6700. Information is also available on the Internet at www.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.