After an investigation by the Long Island district office of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD), the department’s Office of the Solicitor filed suit against Brookhaven Irrigation Corp. and Michael Coggins, operators of a landscaping and lawn sprinkler installation business. The suit alleges they willfully violated the Fair Labor Standards Act’s overtime pay and recordkeeping provisions.
Specifically, the department alleged Brookhaven did not pay employees the FLSA-required overtime rate of 1 1/2 times their regular rate of pay between July 2019 and July 2022, and failed to keep records of employee wages and work hours.
“The violations found here were willful and the penalties significant. However, such violations are preventable if employers know and follow the Fair Labor Standards Act’s pay, recordkeeping and other requirements,” said Wage and Hour Division District Director David An in Westbury, New York. “We encourage Long Island employers to review their practices and contact us with questions.”
Under the terms of the consent judgment, the division recovered $120,000 in back wages and liquidated damages from Brookhaven Irrigation Corp. and Coggins for 29 current and former employees, which the division is currently distributing to the affected workers. Brookhaven and Coggins have also paid $10,000 in civil money penalties to the department.
“The U.S. Department of Labor will not hesitate to pursue legal action to ensure that all employees are compensated as required by law,” said Regional Solicitor of Labor Jeffrey Rogoff in New York. “This case’s resolution shows employers that not complying with federal wage law can lead to legal action with costly consequences.”
