PHILADELPHIA – A federal investigation of the pay practices of a Philadelphia wholesaler has led the U.S. Department of Labor to obtain a consent judgment in federal court, requiring the employers to pay $419,615 to 21 workers deliberately denied overtime wages.
On August 30, 2023, the U.S. District Court for the Eastern District of Pennsylvania in Philadelphia approved a consent judgment requiring Byun Brothers Sales Inc. and president Richard Byun to pay the back wages and damages by September 29, 2023. The action follows an investigation by the department’s Wage and Hour Division.
The division found the employers paid people employed as baggers and loaders a day rate and others employed as general laborers a day rate or salary. They also failed to pay the affected employees overtime for hours over 40 in a work week, violating the Fair Labor Standards Act. The employers also violated the FLSA by failing to keep accurate records of the hours worked and amounts paid to employees.
“B&B Sales and its owner intentionally withheld overtime wages earned by 21 hard-working employees, in violation of federal law that protects their rights to be paid fully for their labor,” said Wage and Hour Division District Director James Cain in Philadelphia. “Wage theft harms employees and puts employers who comply with the law at a competitive disadvantage. The employers in this case have learned that the consequences for violating federal labor laws are serious and costly.”
The court...
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