Nassau Car Wash Underpaid Workers, Will Pay Back $150,000 In Wages

An Elmont car wash and its manager settled with the state on Thursday for underpaying employees, and will pay more than $150,000 in restitution.

According to Attorney General Eric Schneiderman, FCN corporation, which operated 5 Star Car Wash in Elmont, and its manager, Christopher Conte, failed to pay workers minimum wage and overtime pay. As part of the settlement, 5 Star will pay $154,951 to 16 current and former employees.

“It’s simple: hardworking New Yorkers must be paid a fair day’s wage," Schneiderman said in a release. "The conduct of 5 Star was unacceptable and my office will continue to take action against all those who violate the rights of their employees."

In addition to paying more than $154,000 in restitution, the agreement requires 5 Star to maintain records, in writing, of all employee complaints, provide employees with written notice of employee rights, train supervisors on the requirements of the settlement, and post a notice informing all employees of their rights, including wage and hour laws and the right to be free from retaliation.

Between Jan. 1, 2014 and February 2017, 5 Star paid its employees far below the required minimum wage and overtime rate, sometimes paying as low as $6 an hour to employees who worked more than 75 hours a week. 5 Star also failed to pay employees one hour’s pay at the basic minimum hourly wage rate for days in which the employees’ workdays exceeded 10 hours, also known as spread of hours pay. 5 Star also failed to keep proper records in accordance with the law.

During most of the time during the investigation, the minimum wage was between $8 and $9 per hour. Overtime laws require employers to pay covered employees one-and-a-half times an employee’s regular rate for hours worked beyond 40 hours in a given week.

Anyone who is aware of a violation of workplace rights in New York State is encouraged to file a complaint with the Office of the Attorney General by filling out a complaint form or by calling the Labor Bureau at (212) 416-8700.

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