A Long Island construction contractor who directed laborers and masons to work 10-hour days, six days a week, knew the Fair Labor Standards Act required employees to receive overtime pay when they worked more than 40 hours per week, but disregarded the law. Now, a federal court has ordered Maio Building Corp. and its owner to pay 69 employees $500,000 – $250,000 in back wages and an equal amount in liquidated damages – to resolve violations of the FLSA’s overtime and recordkeeping requirements.
The construction company paid employees in quarter day increments based on an assigned day rate. This practice resulted in violations when employees worked more than 40 hours in a workweek but the employer failed to pay them overtime, continuing to pay the employees based on their day rate. Maio also paid employees in cash or a combination of check and cash, and failed to keep accurate records of employees’ work hours and regular hourly rate of pay.
In addition to the payment of the back wages and damages to the employees, the settlement prohibits the construction company from:
- Future violations of the FLSA’s overtime and recordkeeping requirements.
- Taking retaliatory action against employees who exercise their FLSA rights.
- Telling any of their employees not to speak with or provide untruthful information to U.S. Department of Labor investigators.
- Soliciting or accepting the return or kick back of the wages and damages from the affected employees.
- Threatening or implying adverse action against any employees or former employees because of their receipt of funds due under the judgment or the FLSA.
- Otherwise obstructing or interfering with any department investigative activities.
The judgment also orders the defendants to post at their storage yard a notice, in English and Spanish, of employees’ rights under the FLSA.
If you are a construction worker and have any questions about your overtime pay, please call the attorneys at Pechman Law Group at the number 212-583-9500 for a free consultation.