US Department of Labor lawsuit alleges Atlanta chemical packager failed to pay workers minimum wage and overtime compensation

Employer name: Apollo Industries Inc.

Investigation site: 1850 South Cobb Industrial Blvd., Smyrna, Georgia 30082

Investigation findings: Investigators from the U.S. Department of Labor’s Wage and Hour Division’s Atlanta District office found the employer violated overtime, minimum wage and recordkeeping provisions of the Fair Labor Standards Act. Apollo Industries is a specialty chemical contract packager.

On Feb. 9, 2016, the department filed a complaint in U.S. District Court for the Northern District of Georgia, Atlanta Division, alleging Apollo and plant supervisor Carlos Conde failed to pay its employees the minimum wage, currently $7.25 per hour, and legally required overtime. The company also failed to maintain accurate records of all hours worked by its employees.

The overtime violations resulted when the employer paid workers straight time for hours worked beyond 40 in a workweek, instead of time and a half their hourly rates of pay. Minimum wage violations occurred when the employer failed to pay workers for some hours they had worked, and did not compensate them at least $7.25 per hour.

Resolution: The lawsuit seeks to recover unpaid minimum wages and overtime compensation for at least 192 employees, beginning Feb. 10, 2012, and an equal amount in liquidated damages. The suit also seeks to permanently enjoin the defendants, their officers or agents from violating provisions of the FLSA in the future. 

Quote: “Denying these workers the wages they rightfully earned harms employees and their families and makes it harder for law-abiding employers to compete,” said Eric Williams, director of the division’s Atlanta District Office. “This case demonstrates that the agency will use every enforcement tool available, including litigation, to ensure a fair day’s pay for a fair day’s work.”

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates of pay for hours worked beyond 40 per week. Employers also are required to maintain accurate time and payroll records and to comply with the hours worked requirements. For more information about the FLSA and wage laws or to file a complaint, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243), the Atlanta District Office at 678-237-0521, or visit http://www.dol.gov/whd/.