Empire gas to pay employees $583,000 to settle DOL lawsuit

A Long  Island, New York, gas station chain was recently ordered to pay $583,000 in back wages to 35 employees to settle a lawsuit filed by the Department of Labor (DOL). E. M. & T. Inc., which was operating under the name Empire Gas was found in violation of recordkeeping and overtime provisions of the Fair Labor Standards Act (FLSA) following an investigation by the DOL's Wage and Hour Division.

In addition to back wages for unpaid employee attendance, the company was ordered to pay $39,077 in penalties and interest to the Labor Department. The investigation revealed that the employer was not keeping birthdates on file for its employees who were minors or maintaining accurate records of employees' time attendance, payroll or employment history. Businesses can install a timeclock with employee tracking software to ensure they are properly compensating workers.

Additionally, the company was not paying one employee minimum wage and was paying non-exempt workers standard pay rates for overtime hours worked.

"The violations uncovered in this investigation are unfortunately typical of those we find at other noncompliant gasoline service stations, with vulnerable, low-wage workers being deprived of the wages they have rightfully earned," said Irv Miljoner, director of the division's Long Island District Office, located in Westbury. "We are seeking to change employers' behaviors to reduce noncompliance."