Employer: Town and Country Inc., Cleveland, Missouri

Actions: Filing of Fair Labor Standards Act complaint in federal court

Request for administrative judicial hearing

Courts: U.S. District Court for the Western District of Missouri, Western Division

Office of Administrative Law Judges

Investigation findings: On March 28, 2023, the U.S. Department of Labor filed a complaint in the U.S. District Court for the Western District of Missouri alleging Town and Country Inc. and its owner, Gabriel Myers, violated federal overtime and recordkeeping requirements. The company is a painting contractor in the metro-Kansas City, Missouri, area.

The complaint seeks a total of $102,774 — representing $51,387 in unpaid overtime wages and an equal amount in liquidated damages — for 29 painters.

After a review of the employers’ payroll records from Dec. 1, 2019, to Nov. 30, 2021, the Wage and Hour Division alleges the company violated the Fair Labor Standards Act when it:

• Did not pay overtime at time and one-half the regular rate of pay for hours over 40 in a work week.
• Incorrectly recorded hours worked within a pay period, thus denying some employees proper overtime pay for hours over 40 in a workweek.

Town and Country, and Myers refused to resolve the violations administratively which led the department’s Regional Office of the Solicitor in Kansas City, Missouri to litigate the case and file the complaint.

In another action involving the company, Town and Country requested a hearing...

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