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Department of Labor Sues New York Car Detailer Business Over Wage Theft Claims

SYRACUSE, NY — The Department of Labor recently filed a lawsuit against an Upstate New York car detailing business over claims that the company made employees work through breaks, failed to pay overtime, and went as far as to retaliate against those who spoke out against the illegal labor practices. The complaint accuses Syracuse Rustproofing, which as four locations across the state, of demoting and eventually firing an employee suspected of turning to federal regulators to expose the company’s wage theft and recover his unpaid wages.

The unpaid overtime lawsuit, filed in United States District Court for the District of Northern New York, states that some of the employees routinely worked between 43 and 53 hours per week but were never paid one and a half times their regular hourly rate of pay for overtime hours. The defendant also allegedly made automatic deductions for lunch breaks from worker paychecks, despite these employees working through their shifts and noting the hours on their time cards.

Syracuse Rustproofing denied overtime wages to managers and sales consultants by improperly classifying these workers as overtime exempt under the Fair Labor Standards Act (FLSA), according to the complaint. The sales consultants collected some commissions as part of their wages but can only be made overtime exempt if the worker earns more than his or her paycheck from commission wages.

Despite being classified as “managers” buy Syracuse Rustproofing, many workers did not have the necessary authority or perform essential duties required under the FLSA to warrant overtime-exempt status. Federal law expects managers to engage mostly in supervisory work and have authority to hire, fire, set pay rates, and create work schedules of subordinate employees.

Finally, the complaint alleges that the defendant retaliated against one employee for cooperating with federal regulators. The FLSA makes filing an overtime pay lawsuit or otherwise demanding to be paid full wages a protected action, and any retaliation for such acts can incur stiffer penalties against the defendant and a greater reward for the wage theft victim.

Unpaid Overtime Lawsuit

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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