UP Fitness Required to Pay More than $254K to 30+ Personal Trainers and Change Its Compensation Structure to Comply with DC Law
WASHINGTON, DC – Attorney General Brian L. Schwalb today announced that Ultimate Performance Fitness (UP Fitness), a personal training company, will pay $450,000 to trainers and the District to resolve allegations that the company failed to pay wages owed to trainers and improperly used a commission payment structure. Under the terms of a settlement agreement with the Office of the Attorney General (OAG), UP Fitness will be required to pay $254,190 to over 30 personal trainers who were not compensated for required work time and who were routinely deprived of overtime wages. The company will also be required to pay a penalty of $195,809 to the District, cease its improper use of a commission payment structure for trainers, and ensure that employees receive overtime wages for any hours worked beyond 40 hours per week.
“Our investigation revealed that UP Fitness routinely failed to pay personal trainers for their work and failed to pay them overtime wages,” said AG Schwalb. “With this settlement, we are not only recovering unpaid wages and overtime for dozens of personal trainers—we are also sending a strong message to businesses that they can’t use sham commission compensation structures to shirk their legal obligations to workers. We encourage workers and others in our community to contact our office if they believe a business may be violating...
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