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Brick Gas Attendants Owed Back Pay as Part of Multi-Million Dollar Settlement

Madison man has agreed to pay $2 million in overtime back wages and $1 million in damages to hundreds, the U.S. Department of Labor announced

 

A Madison man has agreed to pay $2 million in overtime back wages and $1 million in damages to employees at gas stations he owns throughout New Jersey, including two Toms River locations, the U.S. Labor Department announced Thursday.

Employees often worked up to 84 hours per week but did not receive earned overtime pay, a department news release said.

The agreement involves 417 workers at 72 gas stations owned by Waseem Chaudhary. The Shell station at the corner of Burnt Tavern Road and Lanes Mill Road, near the Garden State Parkway exit in Brick, is one of the stations included.

The agreement was reached after the U.S. Department of Labor’s Wage and Hour Division found violations of the Fair Labor Standards Act, which requires that covered, nonexempt employees be paid one-and-a-half times their regular rates for hours worked beyond 40 hours a week. The law also requires accurate records of employees’ wages and hours.

"Instead, many employees were paid partly on the payroll and partly off the books, sometimes in cash, to disguise the improper payment of overtime," the department said. "The employer also failed to maintain accurate records of the hours employees worked."

Because of the "repeat and willful nature of the violations," the department also assessed $91,000 in civil money penalties against him, the news release said.

Proactive measures to ensure future compliance with labor laws, including a three-year monitoring program at each gas station, are part of the agreement.

Other measures include biometric time clocks being installed in each establishment, a notice to workers about the terms of the compliance agreement, Fair Labor Standards Act training for all employees in English and other languages, and a toll-free telephone number for workers to report violations.

Voicemails seeking comment were left for Chaudhary on Thursday. An employee at a Shell located at 103 Main St. in Madison, which Chaudhary's Waseem Petroleum lists as its address, referred questions to Chaudhary and also took a message.

“This agreement returns hard-earned wages to workers in one of only two states that still mandates full-service gas pumps,” acting Secretary of Labor Seth D. Harris said.

“All gas station owners and operators in New Jersey should take note of this precedent by reviewing their payroll practices and legal obligations. Gas station attendants are few in number, earn low wages, work long hours and often lack English proficiency—factors that contribute to their vulnerability as well as the importance of protecting their right to be paid properly.”

The department said a consent judgment outlining the terms of the agreement has been filed in the U.S. District Court for the District of New Jersey. The monitoring program will be supervised by an independent monitor who will report to the department. 

For more information on the Fair Labor Standards Act and other federal laws administered by the Wage and Hour Division, call the division’s Northern New Jersey Office at 908-317-8611, its toll-free helpline at 866-4US-WAGE (487-9243) or visit http://www.dol.gov/whd.

Related Topics: brick nj news

BrickAmericanMan

10:34 pm on Thursday, March 7, 2013

the service dept is a rip off at that station

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Greg Thompson

7:25 am on Friday, March 8, 2013

I'm sure this happenes way more than we think. And not just gas stations. If an employee can't speak english well they're probably Illegal n if the owners are low lifes like this guy they will take advantage of them. Most likely threaten to have them deported if they complain about their pay. These owners don't pay the worker or any employee taxes like state taxes, unempoloyment taxes etc which cost us taxpayers. If the empoyees are illeagl there's not much they can do for fear of deportation. This guy took advantage of his workers status to make himself wealthy. I hope Karma bites him in the Arss... Many times over !!!

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common sense

8:32 am on Friday, March 8, 2013

Don't forget these "poor" illegals don't pay taxes either.If they became citizens the legal way and paid taxes,maybe this would happen less.

Robert M. Braun, Architect

9:33 am on Friday, March 8, 2013

This doesn't only happen in gas stations, the Department of Labor should also investiagte similar practices at Dunkin' Donuts, McDonalds, Burger King, etc.
It seems wherever there are people making minimum wages they get taken advantage of!

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L

11:16 am on Saturday, March 9, 2013

Agreed....They also should investigate high volume seasonal businesses. Also, Look at all the lawn services...some of the illegals even own them, they just don't claim the business. They should make all lawn services get a license through the state of NJ just as the contractors have to. It is happening in many different jobs, restaurants, bars etc.... The list is to long.

none of yobusiness

8:35 pm on Friday, March 8, 2013

Not only do these illegals not pay taxes they have free health care that you and I pay for. They go to the hospital for every last ailment and never pay. This is why an aspirin cost 10bucks when you stay in the hospital to subsidize these illegals. Either make them legal and make them pay or kick them out. They are our single biggest obstacle to returning the economy back to normal.

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L

11:18 am on Saturday, March 9, 2013

Illegals sound pretty close to public workers. Free health care, pensions that you and I pay for... They should pay for their own also. Especially pensions...do away and convert in to 401k's. let them really save for their own retirement.

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Lorraine

8:52 pm on Sunday, March 10, 2013

My husband pays 10% of his salary into his pension. The many of the years since he been employed the town did not have to pay their share, this is one of the reasons why the pensions are underfunded. Don't always blame the workers. As for illegals, I had to take my dad, a veteran to the hospital, and happened to see many who I assume we're "undocumented" workers applying for charity care. They were not speaking English, had many children, more then me, better, name brand clothes then I did and a much better smartphone then me, an iPhone 5. What a slap in the face to us, citizens of the US. When are we going to wake up? Did anyone ever think that this is what drives up our cost of living? We pay the food, health care, shelter, pay for their children from the day they are conceived, through prenatal care, then their health care, food, and education. It's so sad to see what direction this country is going in.

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Scott Pezarras

10:15 pm on Sunday, March 10, 2013

Lorraine
You are incorrect all municpalities paid every bill they were given, it is the State that did not fund their share for 15 years.

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