Wage and Hour Division (WHD)

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JERSEY CITY, N.J. -- Trust Company Bank d.b.a. Trust Company of New Jersey, Jersey City, N.J., has paid $194,674 in back wages to 296 current or former employees as a result of a U.S. Labor Department investigation that revealed the bank violated overtime provisions of the Fair Labor Standards Act. Recently acquired by Northfork Bank, Melville, N.Y., Trust Company had approximately 100 traditional and in-store branches throughout New Jersey and Rockland County, NY.

The investigation, conducted by the Northern New Jersey office of the Wage and Hour Division, determined that workers employed as personal banking representatives, senior personal banking representatives and in-store sales associates in 2003 were not paid overtime when they worked more than 40 hours in a workweek. The bank also did not maintain an accurate record of their time.

"Both today's action and our new Overtime Security rules reflect our commitment to protecting the overtime rights of workers," said Secretary of Labor Elaine L. Chao. "In this case, banking personnel were not receiving their rightful overtime pay, and this Administration took action to restore $194,674 in back wages to 296 employees. Workers' overtime rights are further strengthened by our new Overtime Security rules, which increase protections for millions of workers by updating and clarifying the old regulations."

The Fair Labor Standards Act requires that covered employees be paid the federal minimum wage for all hours worked and time and one-half their regular rate of pay for hours worked over 40 per week. The FLSA also contains record keeping requirements and youth employment standards.

The Department of Labor recovered more than $212 million in back wages in fiscal year (FY) 2003, a 21 percent increase over the record-setting amount of FY 2002.

For more information about the FLSA, call the Department of Labor's toll-free help line at 1-866-4USWAGE (1-866-487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

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