The U.S. Department of Labor has filed a complaint against A OK Walker Autoworks and owner Miles Walker, of Peachtree City, for paying a former worker with thousands of oily pennies.
The department's Wage and Hour Division concluded Walker violated the Fair Labor Standards Act prohibitions against retaliation, overtime and recordkeeping and is seeking $36,971 in back wages and damages in the suit filed in the U.S. District Court for the Northern District of Georgia. DOL announced the suit Jan. 5.
Wage and Hour determined that Walker retaliated against a former employee for contacting the agency when he was not paid final full wages after his resignation.
The complaint alleges that Walker paid the former employee’s final wages of $915 by delivering roughly 91,500 oil-covered pennies " – blocking and staining his driveway and requiring nearly seven hours for him to remove –" and a pay stub marked with an expletive to the worker’s home, according to the announcement. The suit also alleges Walker published defamatory statements about the individual on the company’s website.
In addition, the division found that Walker violated the FLSA’s overtime provisions by failing to pay a legally required overtime rate to employees when they worked over 40 hours in a workweek. He is also accused of failing to keep adequate and accurate records of employees’ pay rates and work hours.
“By law, worker engagement with the U.S. Department of Labor is protected activity,” Steven Salazar, Wage and Hour Division District Director, said in the announcement.
“Workers are entitled to receive information about their rights in the workplace and obtain the wages they earned without fear of harassment or intimidation. In fact, all employers should review their employment practices and contact the division to discuss questions they have regarding their responsibilities under the law.”
The department is also seeking to permanently enjoin Walker from future FLSA retaliation, overtime and recordkeeping violations.
