Files Suit Against New Mexico Auto Glass Shop
The U.S. Department of Labor (DOL) has filed a suit against a Touch
of Glass Enterprises Inc. for withholding payment of minimum wage
and/or overtime compensation allegedly due to employees under the
Fair Labor Standards Act of 1938 (FLSA). The case was filed in the
U.S. District Court for the District of New Mexico, Albuquerque
Division, and also named the company's president, Emily Gordon,
and vice president, Emerald Duquette, as defendants.
The company and its leaders are charged with paying its employees
at rates less than the minimum hourly rated required by the FLSA
and with requiring employees "in an enterprise engaged in commerce
or in the production of goods for commerce" to work more than
40 hours a week "without compensating such employees for their employment
in excess of 40 hours per week at rates not less than one and one-half
times the regular rates at which they were employed," according
to court documents.
In addition, the DOL alleges that the company failed to keep accurate
records of how many hours employees worked each day and the total
The plaintiff is seeking that the liquidated damages equal in amount
to the unpaid compensation be provided to the affected employees
and that pre-judgment interest also be computed at the underpayment
rate established by the Secretary of the Treasury, according to
The case has been assigned to U.S. magistrate judge Don J. Svet.
At press time, neither Gordon nor Duquette had returned glassBYTEs.comô/AGRR
magazine's call for comment.
The suit comes on the heels of several others filed against auto
glass businesses for similar allegations. In August 2007, two former
ABRA Auto Body & Glass employees filed a class-action suit against
the company in the U.S. District Court of Minnesota, alleging required
customer service managers (CSMs) and customer service representatives
(CSRs) to work overtime without pay and that it did so by misclassifying
these employees as "managerial," which exempted them from overtime
HERE for related story). ABRA had previously announced it was
attempting to mediate the case November 27-28, but announced on
January 9 that this had been postponed until next week, January
Similarly, in October, a complaint was filed in the U.S. District
Court for the Southern District of Florida against Diamond Triumph
HERE for related story.) In this complaint, a former employee
alleges that he and other similarly situated employees had frequently
worked in excess of forty hours per week for the Kingston, Pa.-based
company and were not paid "time and a half."
HERE for the full text of the complaint.
to visit the Employment Standards Administration Wage and Hour
Division of the Department of Labor.
Need more info and analysis about the issues?
HERE to subscribe to AGRR magazine.