$427,300 in Back Pay and Liquidated Damages Against Contractor for FLSA Violations

 
Friday, August 7, 2015
 

The department first filed a lawsuit in October 2012 against Corriveau, Nashua-based contractor Kevin Corriveau Painting Inc., also known as Corriveau Contracting, and his associates in the U.S. District Court for the District of New Hampshire. The lawsuit alleged violations of the FLSA's minimum wage, overtime and record-keeping requirements. In August 2014, following revelations of ongoing violations, the department filed an amended complaint and obtained a preliminary injunction preventing the defendants from intimidating, retaliating or discriminating against current or former employees involved in the investigation and lawsuit. 

The department has resolved this civil action by obtaining a consent judgment that orders Corriveau, and fellow defendants Brian Corriveau and Sharon Mercuri, to pay $427,300 — $213,650 and an equal amount in liquidated damages — to 157 employees who were denied payment of overtime and/or minimum wage. One worker who was retaliated against will receive $10,000 in compensatory and punitive damages. The order also prohibits the defendants, including Jeffrey Levinson, from violating the FLSA's anti-retaliation provisions and prevents them from threatening to report any employee to immigration authorities to inhibit employees' rights under the FLSA. 

It also requires defendants Kevin Corriveau and Kevin Corriveau Painting to hire, for at least three years, a qualified, independent monitor who will review records, inspect working conditions and interview employees confidentially. The monitor will report to the department on the defendants' compliance with the FLSA and the court judgment.

The judgment also requires the defendants to:

  • Pay $62,700 in civil money penalties to the department.
  • Maintain accurate records of all hours worked and use a single payroll system, under which employees will be paid by payroll check.
  • Provide employees and managers with training in English, Spanish and Portuguese on the FLSA's minimum wage, overtime, record-keeping and anti-retaliation requirements, employees' rights and the terms of the consent judgment.

The judgment also prohibits the defendants from:

  • Withholding payment of back wages or damages.
  • Demanding, keeping or accepting any part of back wages and damages to be paid.
  • Failing to cooperate with the department in any investigation.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers are required to maintain accurate time and payroll records, and are prohibited from discharging or in any manner discriminating against any employee because that employee has filed a complaint or is otherwise cooperating with an investigation by the department.

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