US Department of Labor sues National Maintenance Solutions, operator who denied workers wages, attempted to deport employees who complained

ALBANY, NY – The U.S. Department of Labor has filed suit to recover back wages, liquidated damages, punitive damages and injunctive relief from a Tonawanda construction contractor that allegedly underpaid employees and tried to have employees who complained deported by calling federal immigration authorities.

The action follows an investigation by the department’s Wage and Hour Division that found National Maintenance Solutions LLC and its president and founder, Thomas W. Pellette, did not pay minimum wage and overtime to employees working at hotels in Amherst, Buffalo and Hamburg, New York and in Erie, Pennsylvania. Specifically, the division found that they paid straight-time rates for overtime hours worked and, at times, paid partial wages sporadically or did not pay workers any wages for hours worked, in violation of the Fair Labor Standards Act. Investigators also found National Maintenance Solutions failed to create and maintain complete and accurate records of employees’ wages and hours.

In addition to alleging minimum wage, overtime and recordkeeping violations, the department alleges in its complaint that Pellette retaliated against employees who complained about not being paid by calling the U.S. Department of Homeland Security’s Immigration and Customs Enforcement agency to have employees deported and avoid paying wages. 

“The U.S. Department of Labor takes allegations of retaliation and failure to pay proper wages very seriously and will not hesitate to aggressively protect employees who exercise their legally protected rights,” said Regional Solicitor of Labor Jeffrey S. Rogoff in New York. “Ending workplace retaliation is a departmental priority, and we stand ready to hold employers that violate federal anti-retaliation regulations accountable.” 

The lawsuit seeks back wages, liquidated damages and punitive damages, as well as injunctive relief to prevent ongoing and future violations. View the complaint. 

“The Wage and Hour Division must be able to communicate freely and confidentially with workers to collect information needed to determine whether a company’s employment practices comply with federal law,” said Wage and Hour Division District Director Michael Milazzo in Albany, New York. “Workers have the legally protected right to cooperate in investigations and litigation without fear of retaliation.”

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Workers and employers can call the division confidentially with questions – regardless of immigration status – and the division can speak with callers in more than 200 languages through the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Download the agency’s Timesheet App for iOS and Android devices – available in English and Spanish – to ensure hours and pay are accurate.

This news release is also available in Spanish.