New Mexico Business owner jailed for contempt of court for failing to provide documents in US Labor Department investigation

Employer: ASAP Auto Glass & Detailing

Site: Albuquerque, N.M.

Announcement: U.S. District Court of New Mexico Judge William P. Johnson ordered U.S. Marshals to arrest Walter Dill, the owner of ASAP Auto Glass & Detailing, July 15, for contempt of court. Dill, the subject of an investigation by the department's Wage and Hour Division, was ordered by the court to provide employee, volume of sales, and payroll records, but failed to do so. On April 7, Judge Johnson granted the U.S. Secretary of Labor's petition to enforce a Wage and Hour Division subpoena for records. Dill did not comply and was found in contempt of that order on May 29. Judge Johnson nevertheless gave Dill one final opportunity to provide the requested information. Although Dill came to the July 15 hearing with some documents, the department determined that too much information was still missing and that Dill was not in substantial compliance with either the subpoena or the court's order. Because Dill was first served the subpoena on June 14, 2014 — over a year earlier — Judge Johnson dismissed Dill's request for more time and ordered his immediate arrest, pending production of the remaining documents.

Quote: "This is a great victory for the employees of this company," said Betty Campbell, acting regional administrator for the Wage and Hour Division in the Southwest. "Employers who don't follow the law need to take note that the department will use every available legal tool to ensure workers are paid a fair day's pay for a fair day's work."

Information: For more information about federal wage laws, or to file a complaint, call the Wage and Hour Division's toll-free helpline at 866-4US-WAGE (487-9243) or its Albuquerque District Office at505-248-6100. Information also is available at http://www.dol.gov/whd/.