Alabama convenience stores owner to pay nearly $72K in back wages, damages to workers after US Labor Department investigation

Employer names: MV Petro LCC, doing business as, End of the Road Chevron
JJB Petro LCC, doing business as, Country Freeze Food Mart

Investigation sites: 3565 Laurendine Road, Theodore, Alabama 36582
3860 Turnbull Court, Mobile, Alabama 36619

Investigation findings: Investigators from the U.S. Department of Labor’s Wage and Hour Division, Birmingham District Office, found violations of the overtime and recordkeeping provisions of the Fair Labor Standards Act. Both locations are owned and operated by the same owner under different corporate names.

The employer paid workers at straight time, in cash off the books, for hours worked beyond 40 in a workweek, instead of overtime at time-and-one- half their hourly rates as the law requires.  This practice violated not only the overtime provisions, but also the recordkeeping provisions of the FLSA, because the employer failed to maintain payroll records reflecting all hours worked, or the cash payments.

Resolution: The employer has agreed to comply with the FLSA. End of Road Chevron will pay four employees $13,928 plus an equal amount in liquated damages; totaling $27,856. Country Freeze Food Mart will pay three employees $22,037 plus an equal amount in liquidated damages; totaling $44,074.

Quote: “Our data shows us that violations like these are all too common in the convenience store industry. We are focusing our resources to ensure these vulnerable workers receive every penny they rightfully earn,” said Kenneth Stripling, the Wage and Hour Division’s district director in Birmingham.  “Other employers who may be paying in a similar manner should take note of this case, and other workers who are being shorted are encouraged to give us a call.”

Information: 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 are prohibited from retaliating against workers who exercise their rights under the law.

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 Birmingham District Office at 205-536-8570 or visit http://www.dol.gov/whd/.