U.S. sues Ga. auto repair shop owner who paid ex-worker in oily pennies
A Peachtree City auto repair shop and its owner have been accused of violating retaliation prohibition and overtime laws, according to a news release from the U.S. Department of Labor.
According to a complaint filed in the U.S. District Court for the Northern District of Georgia, the Labor Department is seeking $36,971 in back wages and liquidated damages after investigators found A OK Walker Autoworks and owner Miles Walker violated the retaliation, overtime and recordkeeping prohibitions of the Fair Labor Standards Act.
Walker, the owner of 811 Autoworks LLC — operating as A OK Walker Autoworks — retaliated against one employee who contacted the agency after he resigned and the employer initially failed to pay his final wages, according to the news release.
Walker eventually paid the former employee’s final wages of $915 by delivering about 91,500 oil-covered pennies and a pay stub marked with an expletive to the worker’s home, according to the Department of Labor.
The pennies blocked and stained the employee’s driveway, according to the Department of Labor, and required nearly seven hours for him to remove.
Walker Luxury Autoworks also published defamatory statements about the former employee on the company’s website, according to the Department of Labor. The statements were still on the website as of Wednesday afternoon.
Walker Luxury Autoworks also was selling a Penny for Your Thoughts T-shirt as of Wednesday afternoon.
The division also said Walker violated the Fair Labor Standards Act’s overtime provisions by paying other employees straight time for all hours worked, failing to pay the legally required overtime rate when they worked more than 40 hours in a workweek. In addition, the defendant also failed to keep adequate and accurate records of employees’ pay rates and work hours, according to the complaint.
“By law, worker engagement with the U.S. Department of Labor is protected activity. Workers are entitled to receive information about their rights in the workplace and obtain the wages they earned without fear of harassment or intimidation,” said Steven Salazar, the Wage and Hour Division district director in Atlanta, in the news release. “Workers and employers should feel free to contact the Wage and Hour Division. In fact, all employers should review their employment practices and contact the division to discuss questions they have regarding their responsibilities under the law.”
About the Author
· Rich Barak works in the sports department as a leader/coach. In his career, Barak has covered everyone from Tommy Lasorda to Timothy Leary. He can be reached via email at Richard.Barak@ajc.com, on Twitter at @RBARACK or by calling 217-722-0184.
