The U.S. Department of Labor has secured a consent judgment to recoup $152,000 in back wages and liquidated damages for nine employees of a Bronx medical care provider. The employer had persistently failed to pay them overtime for hours exceeding 40 in a workweek, erroneously classifying them as exempt from certain federal regulations.
The action took place in the U.S. District Court for the Southern District of New York on May 10, 2024. It mandates Bronx Urgent Care P.C. to pay $152,000 – $76,000 in back wages and an equal amount in liquidated damages – to the affected workers. Additionally, the court upheld $8,000 in civil money penalties imposed by the department due to the willful nature of the violations.
This judgment follows an investigation by the department’s Wage and Hour Division that discovered that Bronx Urgent Care's owner Basil Bruno and operations manager Samuel Singer violated the Fair Labor Standards Act (FLSA). They misused the exemption by paying affected workers their regular hourly rates for all hours worked, including those over 40 when FLSA requires payment of overtime wages at time-and-a-half rates.
Wage and Hour Division District Director Jorge R. Alvarez stated: “Our investigation and the outcome in this case show the Wage and Hour Division is committed to protecting a worker’s right to be paid all the wages they rightfully earn." He added that employers who fail to comply with federal labor laws often find that violations lead to costly consequences far above the amount of wages they should have paid.
Besides wage recovery, damages, and penalties assessed, the court order also prohibits Bronx Urgent Care from future violations of FLSA provisions.
Regional Solicitor of Labor Jeffrey S. Rogoff affirmed: “The U.S. Department of Labor will take all necessary legal actions, including recovering back wages, seeking damages and assessing penalties, to hold employers who violate the law accountable."
The division’s New York City District Office conducted the investigation, and the department’s Office of the Solicitor in New York litigated, leading to the negotiated settlement.
