U.S. LABOR DEPARTMENT SUES FRUIT AND VEGITABLE GROWERS FOR NOT PAYING FEDERAL MINIMUM WAGE

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FROM: U.S. DEPARTMENT OF LABOR

US Labor Department sues Sabana Grande fruit and vegetable growers for not paying workers minimum wage

Suit seeks back wages, liquidated damages from Bananera Fabre, Finca La Platas

SAN JUAN, Puerto Rico — The U.S. Department of Labor has filed a lawsuit against agricultural employers Jose V. Fabre Laboy, doing business as Bananera Fabre, and his son, Jose V. Fabre Santiago, doing business as Finca La Plata, for failing to pay their workers the minimum wage as required by the Fair Labor Standards Act. The defendants cultivate and package bananas, tomatoes, and other fruits and vegetables for wholesale at contiguous locations on Rte. 117 in Sabana Grande.

An investigation by the department's Wage and Hour Division found that the defendants willfully and repeatedly violated the law. The federal minimum wage is $7.25 per hour, but the defendants paid many employees only $6.25 or $6.50 per hour. The division estimates that a total of $191,402 is owed to 174 employees between the two employers.

"These agricultural employers willfully and repeatedly violated the law, and they continue to withhold payments of unpaid wages due to their employees," said Jose R. Vazquez, the director of the division's district office in Guaynabo, which conducted the investigation. "We will not tolerate these actions and, as demonstrated by the filing of this lawsuit, the Labor Department will use all enforcement tools available to recover workers' wages and hold accountable employers who demonstrate a clear disregard for the law."

The department's Regional Office of the Solicitor filed the suit in the U.S. District Court for the District of Puerto Rico in San Juan. The suit asks the court to order the defendants to pay the full amount of back wages due plus an equal amount in liquidated damages to the affected workers. The suit also seeks to permanently prohibit the defendants from future violations of the FLSA.

Fabre Laboy has been the subject of several Wage and Hour Division investigations in the past. As a result of the most recent prior inspection, Fabre Laboy paid $38,098 in back wages as well as $6,381 in civil money penalties.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour as well as time and one-half their regular rates for every hour they work beyond 40 per week. The law also requires employers to maintain accurate records of employees' wages, hours and other conditions of employment, and prohibits employers from retaliating against employees who exercise their rights under the law.

U.S. LABOR DEPARTMENT: TEXAS AUTO SALES COMPANY ORDERED TO PAY BACK MINIMUM WAGES

FROM: U.S. DEPARTMENT OF LABOR
El Paso, Texas, auto sales company agrees to pay workers more than $797,000 in back minimum wages following US Department of Labor investigation

Violations found at 8 locations

EL PASO, Texas -- Viva Auto Group has agreed to pay $797,405 in back minimum wages to 480 current and former sales employees following an investigation by the U.S. Department of Labor’s Wage and Hour Division that found violations of the Fair Labor Standards Act at eight of the company’s locations in El Paso.

"Employers need to understand that employees must be paid for all hours worked, which includes paying for required training," said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. "We are pleased these employees will receive the wages they have rightfully earned."

An investigation by the division’s El Paso Field Office found that Viva Auto Group made illegal deductions from employees’ pay for training, which the employees were required to take, and for fees charged to reward customers for referring family or friends to the establishment. Investigators also found that the company paid employees less than the federal minimum wage of $7.25 an hour and did not pay them for all hours worked. Additionally, required record-keeping was not maintained.

Viva Auto Group sells new and used automobiles. Violations were found at the following locations: Viva Auto Group, Viva Chevrolet and Viva Kia on Montana Street; Viva Dodge on Gateway Boulevard East; Viva Nissan on Zaragoza Road; Viva Mitsubishi and Viva Collision Center on Magruder Street; and Bestway Auto on Airway Boulevard.

The company has agreed to future compliance with the FLSA. Payment of the back wages owed is ongoing.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Additionally, employers must maintain accurate time and payroll records.