KENNEBUNK — H.B. Provisions, a general store in Kennebunk’s Lower Village has paid $92,000 in back wages and damages to 69 employees for violating the overtime provisions of the federal Fair Labor Standards Act for a three-year period.
As well, the employer has paid $20,700 in penalties, according to a statement issued by the Wage and Hour Division of the U.S. Department of Labor. The Wage and Hour Division assessed the civil money penalty due to what it described in the statement as “the willful nature of the violation.”
The violations took place from Nov. 6, 2015 through Nov. 2, 2018, a labor department spokesman said in an email.
Investigators determined that H.B. Provisions, which is owned by Bonnie Clement, violated FLSA overtime requirements when it paid workers straight-time rates, in cash, off the books, for hours they worked beyond 40 in a work week, according to the labor department statement.
The law requires employers to pay for overtime hours at 1 1/2 times employees’ regular rates of pay. The employer also failed to record the overtime hours in their time records, the labor department said in the statement.
The affected employees worked as cooks, cashiers, stockers, bakers, and non-exempt managers.
“Ensuring that employers pay employees fully and correctly for all the hours that they work not only provides employees with the wages they are due, it also levels the playing field for those employers who are already complying with the law,” said Wage and Hour Division Northern New England District Director Daniel Cronin. “Violations like those in this case can become very costly – and they are avoidable. We encourage employers to reach out to us for assistance.”
Helen Thorgalsen and Bonnie Clement bought the former Meserve’s Market ion the spring of 2002, according to information on the H.B. Provisions website. They renovated the building, changed the name, and opened the business. Clement became the sole owner of the store in 2007, according to he website.
H.B. Provisions offers general store items, coffee, wine, a hot and cold bar, ice cream and more.
A message left for Clement seeking comment was not returned.
— Senior Staff Writer Tammy Wells can be contacted at 780-9016 or twells@journaltribune.com.
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