Wage and Hour Division (WHD)

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NEW YORK -- Lawrence Turner, the sole owner and operator of Montauk Manor Adult Home and Holiday Manor Rest Home - both located in Lindenhurst, N.Y., has agreed to resolve a U.S. Labor Department lawsuit alleging violations of federal wage and hour laws by paying 23 employees $35,290.23 in overtime compensation and $14,709.77 in liquidated damages.

"One of the priorities of the Wage and Hour Division is to improve compliance in the health care industry which employs large numbers of low-wage workers," said Tammy D. McCutchen, Administrator of the department's Wage and Hour Division. "The Department will pursue legal action where appropriate to recover back wages."

The Labor Department's suit, filed in the U.S. District Court for the Eastern District of New York last year, charged Turner and his Long Island adult care homes with violations of the federal Fair Labor Standards Act (FLSA), including failure to pay employees the federal minimum wage, overtime pay for hours worked over 40 in single work weeks, and failure to maintain adequate and accurate records of those employees and of their wages, hours and other conditions of employment. The violations occurred between Jan.1, 1999 and April 16,2002.

The consent judgment, signed by U.S. District Judge Leonard D. Wexler on July 11, orders the defendant to pay the $50,000 in back wages and damages in 18 monthly installments with interest. However, should he default on the payment schedule, Lawrence Turner is ordered to immediately pay the balance still owing. Should he sell either one of his nursing home properties, Turner would have to pay the balance owing within 90 days. He is also prohibited from future violations of the FLSA, and is subject to contempt of court sanctions for any such future violations.

The FLSA requires that employees be paid the federal 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.

The Labor Department's Wage and Hour Division office in Westbury, N.Y investigated the case, and the lawsuit was filed by Labor Department's regional Solicitor of Labor office in New York City. For more information about the FLSA, call the Department of Labor's toll-free help line at 1-866-4USWAGE (1-866-487-9243) or contact the Long Island Wage and Hour Division office at 516-338-1890. Information is also available on the Internet at www.wagehour.dol.gov .

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