of Glass Management Likely to Settle with DOL in Employment Suit
An auto glass shop based in New Mexico likely will settle with
the Department of Labor (DOL) in an employment suit filed against
the shop by DOL in January, according to court documents filed in
the case. In the suit, the DOL alleges that the shop, A Touch of
Glass Enterprises Inc., its president, Emily Gordon, and vice president,
Emerald Duquette, withheld payment of minimum wage and/or overtime
compensation due to employees under the Fair Labor Standards Act
of 1938. A settlement conference, requested by both parties, will
be held on July 21, at the U.S. District Court for the District
of New Mexico, where the case was filed.
The company and its leaders are charged with paying its non-exempt
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 is assigned to U.S. magistrate judge Don J. Svet.
In a similar industry case, the plaintiffs in a suit against ABRA
Auto Body and Glass recently proposed a total settlement of $1 million.
This suit, filed last summer by two former ABRA employees, alleges
that the company required customer service managers (CSMs) and customer
service representatives (CSRs) to work overtime without pay and
that it did so by misclassifying them as "managerial,"
which exempted them from overtime pay. A hearing will be held in
the U.S. District Court for the District of Minnesota on July 29
to review the settlement plan. (CLICK
HERE for story.)
HERE for original story about the Touch of Glass suit.
to visit the Employment Standards Administration Wage and Hour Division
of the Department of Labor.
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