Wage and Hour Division (WHD)

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NEW YORK -- The U.S. Department of Labor has announced the filing of a lawsuit against a Bronx, New York, assisted living health care facility for alleged willful violations of the Fair Labor Standards Act (FLSA).

The complaint filed April 3rd in the U.S. District Court, Southern District of New York, alleges willful violations of the overtime and record keeping provisions of the FLSA by the Judith Lynn Home for Adults, located at 1800 Waring Avenue, Bronx, NY, as well as owners Alfred and Judith Schonberger, and the home's administrator Robert Snyder.

The complaint follows an investigation by the Labor Department's Wage and Hour Division office in New York City. It alleges that since March 1998 the defendants failed to pay their employees proper overtime wages and falsified records to conceal their violative practices and seeks an injunction restraining future violations as well as unpaid overtime and an equal amount in liquidated damages for 97 employees of the firm.

"Our investigation and this court action demonstrate our commitment to low-wage workers in New York City and throughout the country," said Phil Jacobson, district director for the Wage and Hour Division office in New York City. "Employers must understand the department's resolve in pursuing injunctive relief against those who repeatedly and willfully violate the law."

The FLSA requires that employees be paid the minimum wage of $5.15 per hour; time and one-half their regular rate of pay for hours worked over 40 per week; and that accurate records be maintained of employees' wages, hours and other conditions of employment.

For more information about the FLSA, call the Labor Department's toll-free help line at 1-866-4USWAGE (1-866-487-9243) or contact the New York City Wage and Hour Division office at 212-264-8185. Information is also available on the Internet at www.wagehour.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.