Company fined for not paying minimum wage

FONDA — A judgement seeking $94,494 has been filed in Montgomery County Supreme Court by the New York state Commissioner of Labor against the owners of T/A A+ Hydraulics for failing to comply with the state’s minimum wage law.

T/A A+ Hydraulics, located at 142B Egelston Drive, Esperance, is owned by Matthew P. Dwyer and Melonie D. Morrison-Dwyer, who underpaid the company’s employees minimum wage totalling $25,912, according to a court ruling on Sept. 15.

According to the judgement filed with Montgomery County Supreme Court March 17, the Dwyers did not appeal the Sept. 15 ruling against them and they have failed to pay the money owed, which has since increased.

The judgement states the Dwyers owe: $25,912 in wages the commissioner has deemed they owe; $12,756 in interest on those wages at a rate of 16 percent; $25,912 in liquidated damages; and $29,912 in civil penalties.

The Dwyers received fines for four civil penalties, according to the judgement:

∫ Failure to furnish true and accurate payroll records for reach employee.

∫ Failure to give each employee a complete wage statement with every payment of wages.

∫ Failure to provide employees, in writing, at the time of hiring, and on or before February 1 of each subsequent year of the employee’s employment with the employer, a notice containing the following information: the rate or rates of pay and the basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission or other; allowances, if any, claimed as part of the minimum wage, including tip, meal, or lodging allowances; the regular pay day designated in advance by the employer, or by failing to obtain written acknowledgement from the employees of receipt of such notice, during the period from Jan. 10, 2014 to Jan. 23, 2015.

∫ Failure to notify a terminated employee, in writing, of the exact date of termination as well as the exact date of cancellation of employee benefits connected with such termination within five working days after the date of termination.

With the judgement filed, the Dwyer’s now face added interest charges applied annually until the amount owed is paid off.

By Patricia Older

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