News Release
US Department of Labor obtains judgment to recover $152K in back wages, damages owed to Bronx medical care provider’s employees
NEW YORK – The U.S. Department of Labor has obtained a consent judgment to recover $152,000 in back wages and liquidated damages for nine people employed by a Bronx medical care provider that routinely failed to pay them overtime for hours over 40 in a workweek because their employer wrongly classified them as exempt from certain federal regulations.
The action in the U.S. District Court for the Southern District of New York on May 10, 2024, requires Bronx Urgent Care P.C. to pay $152,000 – $76,000 in back wages and an equal amount in liquidated damages – to the affected workers. The court also affirmed $8,000 in civil money penalties assessed by the department because of the violations’ willful nature.
The judgment follows an investigation by the department’s Wage and Hour Division that found the employer, which operates as Bronx Urgent Care, owner Basil Bruno, and operations manager Samuel Singer violated the Fair Labor Standards Act by misusing the exemption and paying the affected workers their regular hourly rates for all hours worked, including hours over 40 when the Fair Labor Standards Act requires payment of overtime wages at time and one-half rates.
“Our investigation and the outcome in this case show the Wage and Hour Division is committed to protecting a worker’s right to be paid all the wages they rightfully earn,” said Wage and Hour Division District Director Jorge R. Alvarez in New York City. “Employers who fail to comply with federal labor laws often learn that violations lead to costly consequences far above the amount of wages they should have paid.”
In addition to the wage recovery, damages and penalties assessed, the court order also forbids Bronx Urgent Care from future violations of FLSA provisions.
“The U.S. Department of Labor will take all necessary legal actions, including recovering back wages, seeking damages and assessing penalties, to hold employers who violate the law accountable,” said Regional Solicitor of Labor Jeffrey S. Rogoff in New York.
The division’s New York City District Office conducted the investigation. The department’s Office of the Solicitor in New York litigated, leading to the negotiated settlement.
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. Employers and workers can call the division confidentially with questions, regardless of where they are from. 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 – free and available in English and Spanish – to track hours and pay.
