Wage and Hour Division (WHD)

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BOSTON -- The U.S. Department of Labor has sued Synergy Capital Group, Inc., of Taunton, Mass., and company owner Dana Chiles, for alleged violations of the overtime pay and recordkeeping provisions of the federal Fair Labor Standards Act (FLSA).

An investigation by the department’s Wage and Hour Division found that employees of the company were required by the employer to work many workweeks of more than 40 hours each without being compensated properly for the overtime hours worked. The investigation also found that the company did not keep proper records of the number of hours employees worked.

The FLSA requires that covered employees be paid at least the applicable minimum wage as well as one and one-half times their regular rate of pay for hours worked over 40 per week. The law also requires that accurate records of employees’ wages, hours and other conditions of employment be maintained.

“This employer has been previously investigated and found in violation of the FLSA,” said Corey Surett, district director of the Boston Wage and Hour office. “Although the employer promised future compliance with the law at that time, our most recent investigation determined that the company has continued to disregard the requirements of the law. We will not hesitate to seek court action to recover back wages and comel future compliance under such circumstances.”

The Labor Department’s lawsuit, filed with the U.S. District Court for the District of Massachusetts on Dec. 20, 2004, charges Synergy Capital Group, Inc. and Dana Chiles with willful violations of the overtime and recordkeeping provisions of the FLSA since August 3, 2002. The suit asks the court to permanently enjoin the defendants from future violations of the law, and to order the defendants to pay employees back wages due along with an equal amount in liquidated damages.

The Boston District Office of the Wage and Hour Division conducted this investigation and the Department’s lawsuit was filed by the Regional Solicitor’s Office in Boston. For more information about the provisions of the FLSA, call the Department of Labor’s toll-free help line at 1-866-4USWAGE (1-866-487-9243), or contact the Boston office at (617) 624-6700. 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.