Sources: U.S. Department of Labor; CP staff
A judgment in the U.S. District Court for the Eastern District of New York orders Macedo Construction Inc., Macedo Contracting Services Inc., Odecam Concrete Supply Corp. and Manuel Macedo to pay 99 workers a total of $987,591 in back wages and liquidated damages, and the Department of Labor (DOL) $53,249 in civil penalties.
The judgment settles charges of willful Fair Labor Standards Act (FSLA) violations identified in a DOL Wage and Hour Division (WHD) investigation. It found Manuel Macedo and his Bellport, N.Y. companies failed to combine the hours laborers worked at the three commonly owned businesses, and paid them with multiple checks to evade overtime requirements. Each separate check showed the employees worked less than 40 hours per workweek when they actually worked a combined total of up to 48 hours. The companies also neglected to pay employees for time spent traveling from work yards to jobsites, and retain accurate records of the employees’ work hours and pay rates.
“The scheme by Macedo Construction, Macedo Contracting Services, Odecam Concrete Supply Corp. and Manuel Macedo deprived their employees of nearly $491,000 in hard-earned wages over three years,” says WHD District Director David An. “Now in addition to the back wages, the employer must pay these workers an equal amount in liquidated damages, plus interest. We encourage other employers to consider this investigation’s outcome, review their own pay practices and contact the Wage and Hour Division to avoid similar violations.”
In addition to requiring back wage, liquidated damage, fine and interest payment, the District Court action enjoins Manuel Macedo and the three companies from future violations of FLSA overtime and recordkeeping requirements; retaliating against employees who exercise their FLSA rights; and, soliciting employees to return or “kick back” the wages, damages and interest awarded to them.