US Alleges Contractor Denied Workers Wages, Threatened Deportation If They Complained

The U.S. Department of Labor (DOL) has filed suit to recover back wages, liquidated damages, punitive damages and injunctive relief from a Tonawanda, New York construction contractor that allegedly underpaid employees and tried to have employees who complained deported by calling federal immigration authorities.

DOL said the action follows an investigation that found National Maintenance Solutions LLC and its president, Thomas W. Pellette, did not pay minimum wage and overtime to employees working at hotels in Amherst, Buffalo and Hamburg, New York and in Erie, Pennsylvania.

Specifically, the division found that they paid straight-time rates for overtime hours worked and, at times, paid partial wages sporadically or did not pay workers any wages for hours worked, in violation of the Fair Labor Standards Act.

In addition to alleging minimum wage, overtime and recordkeeping violations, the department alleges in its complaint that Pellette retaliated against employees who complained about not being paid by calling the U.S. Department of Homeland Security’s Immigration and Customs Enforcement agency to have employees deported and avoid paying wages.

The lawsuit seeks back wages, liquidated damages and punitive damages, as well as injunctive relief to prevent ongoing and future violations. View the complaint.

Source: Department of Labor