The U.S. Labor Department has filed a lawsuit against Jolene's-Draper LLC, a children's apparel retailer, alleging that the company and its owner repeatedly violated the minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act.
The lawsuit, filed in U.S. District Court for Utah, names the company and its principal, Toha Quan (also known as Jimmy Quan). It alleges that Jolene's "failed to pay employees at least the minimum wage, did not pay employees who worked more than 40 hours a week the proper overtime compensation, and failed to keep records showing hours employees worked and wages they were paid, among other things."
The Labor Department is seeking an injunction against the company and Quan prohibiting any future wage or record-keeping violations, as well as back wages and damages.
The department also assessed an $18,100 civil penalty against Jolene's for "the repeat and willful nature of the violations," according to Dean A. Campbell, Wage and Hour district director in Salt Lake City.
Jolene's subsequently filed an exception to the civil penalty, and an order of reference also has been filed with the Labor Department's Office of Administrative Law Judges to affirm the penalties.