Wage and Hour Division (WHD)

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NEW YORK -- The U.S. Department of Labor has sued three construction and landscaping companies based in Yorktown Heights, N.Y., as well as the owner and supervisor of the corporations, for alleged violations of federal overtime pay and record-keeping requirements of the Fair Labor Standards Act (FLSA).

"The U.S. Department of Labor is committed to ensuring that employees, especially low-wage workers, are paid properly under the law," said Sonia Rybak, assistant district director for the department's Wage and Hour Division in White Plains, NY. "The filing of this case demonstrates that we will not hesitate to pursue litigation to recover wages due workers."

Named in the suit, filed in the U.S. District Court for the Southern District of New York, are Lema Industries, Inc.; Lema Maintenance and Landscaping Corp.; Lema Construction, Inc.; Jose Lema, individually and as owner of the corporations; and Manuel Lema, individually and as supervisor of the three companies.

An investigation by the department's Wage and Hour Division revealed that 55 employees working for the defendants were required to work several hours of overtime in a typical workweek without proper compensation for the overtime hours. According to the findings of the investigation, the defendants also failed to maintain adequate and accurate records of their employees' wages, hours and other conditions of employment.

Many of the employees due back pay are low-wage, Hispanic workers.

The FLSA requires that employees be paid at least the applicable minimum wage, time and one-half their regular rate of pay for hours worked over 40 per week, and that accurate records of employees' wages, hours and other conditions of employment be maintained. The law also regulates the employment of young workers under age 18.

The Labor Department's lawsuit, filed on Aug. 16, 2004, alleges that the willful and repeated violations have taken place since Aug. 12, 2001, and asks the court for a judgment prohibiting the defendants from future violations of the FLSA. The complaint also asks the court to order the payment of all due back wages plus an equal amount in liquidated damages or prejudgment interest.

The department's Wage and Hour Division office in White Plains investigated this case, and the lawsuit was filed by the department's Regional Solicitor's Office in New York City. For more information about the requirements of the FLSA, call the Department of Labor's toll-free help line at 1-866-4USWAGE (1-866-487-9243) or contact the White Plains office at 914-682-6348. 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.