Mexico Auto Glass Shop Denies DOL's Allegations
The defendants in a suit filed by the Department of Labor (DOL)
against a Touch of Glass, a New Mexico-based auto glass chain, have
filed an answer to the original complaint, denying the allegations
that they withheld payment of minimum wage and/or overtime compensation
to employees. The original complaint was filed under the Fair Labor
Standards Act of 1938 (FLSA) in the U.S. District Court for the
District of New Mexico, Albuquerque Division, in January, and also
named the company's president, Emily Gordon, and vice president,
Emerald Duquette, as defendants. (CLICK
HERE for related story.)
The original complaint alleged that the company and its leaders
paid its employees at rates less than the minimum hourly rated required
by the FLSA that they required 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 alleged that the company failed to keep accurate
records of how many hours employees worked each day and the total
The defendants claim that they "at all times acted in good faith"
and that they "did not violate the Act or willfully violate the
Likewise, they allege that claims for overtime may be barred for
certain employees that were classified as "exempt" employees under
With regard to the record-keeping allegations, the defendants claim
that they complied with all record-keeping and notice provisions
of the FLSA and that any deficiencies in record-keeping or payment
of wages to employees were "inadvertent and/or [minimal]."
The defendants also allege that the plaintiff's claims are "barred
by the doctrine of unclean hands," and that the "plaintiff and affected
employees, if any, have failed to mitigate damages."
In addition to denying the allegations of the complaint, Wayne
E. Bingham of Bingham, Hurst & Apodaca P.C., counsel for the company,
Gordon and Duquette, also denies that Gordon and Duquette are proper
parties against which to issue the complaint under the FLSA-and
that the only proper party to be involved in the suit is the company
as a whole.
HERE for the full text of the answer filed on March 10.
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