DOL and Philadelphia Printer Enter Into Consent Judgement to Resolve FLSA Complaints After Employees Hired by Temp Agency

Thursday, April 20, 2017
The U.S. Department of Labor and a Philadelphia commercial printer have entered into a consent judgment that requires the company to pay $273,892 in back wages and liquidated damages to a group of temporary employees to resolve past violations of the federal Fair Labor Standards Act.

Under the agreement, back wages will be paid to 136 temporary employees who worked as machine operators and general laborers at Bartash Printing, Inc. An investigation by the department’s Wage and Hour Division found violations of the FLSA’s minimum wage, overtime, and recordkeeping provisions.

Bartash used a temporary help agency, VQ Management, Inc. – doing business as Managed Staffing and/or Best Staff – to acquire the workers, but failed to ensure they were paid the legally required wages. The workers were paid $6.25/per hour in cash, below the required federal minimum wage of $7.25 per hour. Bartash also failed to ensure the workers received the required overtime payments when they worked beyond 40 hours in a workweek. Bartash also failed to maintain the required payroll records for these workers.

“Although Bartash acquired workers through a temporary agency, it still had a legal responsibility as a joint employer to ensure that the workers received proper wages as the law requires,” said James Cain, director of the Wage and Hour Division’s Philadelphia District Office. “The resolution of this case should inform other employers who may acquire employees through a temporary help agency – it illustrates their responsibility to ensure that these temporary workers are being paid in compliance with the law.”
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