Katelyn Walker Mooney Acting Assistant Secretary for Policy | Official Website
The U.S. Department of Labor has initiated legal action against National Maintenance Solutions LLC, a construction contractor based in Tonawanda, New York. The lawsuit aims to recover back wages, liquidated damages, punitive damages, and seeks injunctive relief due to alleged wage violations and retaliatory actions against employees.
An investigation by the department's Wage and Hour Division revealed that National Maintenance Solutions and its president, Thomas W. Pellette, failed to pay minimum wage and overtime to workers at hotels located in Amherst, Buffalo, Hamburg in New York, and Erie in Pennsylvania. The company reportedly paid straight-time rates for overtime hours or sporadically paid partial wages. In some instances, no wages were provided for hours worked, which is a violation of the Fair Labor Standards Act. Additionally, the company did not maintain accurate records of employee wages and hours.
The department also accuses Pellette of retaliating against employees who complained about unpaid wages by contacting the U.S. Department of Homeland Security’s Immigration and Customs Enforcement agency to deport them as a means to avoid payment.
“The U.S. Department of Labor takes allegations of retaliation and failure to pay proper wages very seriously and will not hesitate to aggressively protect employees who exercise their legally protected rights,” stated Jeffrey S. Rogoff, Regional Solicitor of Labor in New York. “Ending workplace retaliation is a departmental priority, and we stand ready to hold employers that violate federal anti-retaliation regulations accountable.”
The lawsuit demands back wages along with liquidated and punitive damages while seeking injunctive relief to prevent further violations.
Michael Milazzo, Wage and Hour Division District Director in Albany, emphasized the importance of confidential communication between workers and the division: “The Wage and Hour Division must be able to communicate freely and confidentially with workers to collect information needed to determine whether a company’s employment practices comply with federal law.” He added that workers have the right to cooperate in investigations without fear of retaliation.
For more information on the Wage and Hour Division or if you believe you are owed back wages collected by the division, there is a search tool available online. Workers can contact the division confidentially with questions regardless of immigration status through their toll-free helpline at 866-4US-WAGE (487-9243). The agency also offers a Timesheet App for iOS and Android devices available in English and Spanish.
This news release is also accessible in Spanish.
