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Store owner who paid ex-employee in pennies has to pay more

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A Georgia court has ordered the owner of an auto repair shop who paid a former employee’s wages with about 91,500 fat cents in his driveway to pay nearly $40,000 in back wages and damages. The verdict stated that the shop owner retaliated against the worker, who had asked for his last paycheck, and that he did not pay the man and eight other employees overtime.

Judge Timothy C. Batten Sr., of the U.S. District Court for the Northern District of Georgia, issued the warrant in a 2021 lawsuit filed by the Federal Department of Labor against Miles Walker, the owner of A OK Walker Luxury Autoworks in Peachtree City, Ga. The claim alleged that Mr. Walker retaliated against Andreas Flaten, an employee, after Mr. Flaten reported that he had not received $915 last pay after he resigned, a according to a statement from the employment agency.

“Investigators learned that Walker later paid the former employee’s last wages of $915 by taking approximately 91,500 oil-covered pennies and a paycheck with an expletive to the employee’s home,” the employment agency said. He also posted “defamatory statements” about the former employee on the company’s website.

The consent decree, which is based on an agreement between the parties, required Mr. Walker to refrain from harassment and retaliation against former or current employees. It ordered Mr Walker to remove photos of Mr Flaten and references to him from the company’s website and social media, and to post a copy of the consent order and federal rules against workplace retaliation at his facility .

Andreas Flaten with the pennies left in his driveway by his former employer in March 2021.Credit…Coinstar

The verdict also said that Mr. Walker violated federal overtime regulations by paying employees regular pay rates when overtime was required by law. It requires him to pay wages and compensation totaling $39,934.18 to the nine employees.

Department of Labor regional attorney Tremelle Howard said the order sent a “clear message” to employers about unfair wage practices, harassment and retaliation.

“Under the law, employee involvement with the U.S. Department of Labor is a protected activity,” she said in the statement. “Employees should not fear harassment or harassment in the workplace.”

Cade Parian and Ryan Farmer of Parian Lawyers, representing Mr Walker, said in a statement on Tuesday that Mr Walker wanted to stay focused on running his small business.

“This behavior does not reflect Miles Walker’s true character as a businessman and he looks forward to putting this matter behind him and returning to work,” the statement said.

The case attracted national attention in March 2021, when Mr. Flaten’s girlfriend posted a photo to Instagram showing the pile of pennies dumped at the end of his driveway.

On top of the hill was a pay slip and an envelope with a swear word scrawled on it.

In December 2021, the Department of Labor filed suit accusing Mr. Walker of violating federal employment law after Mr. Flaten reported to the department that he had not received his last paycheck of $915.

Mr Walker said his shop had written out the salary but “it never made it to the post”, according to the lawsuit. He then told a Labor Department representative that, according to the lawsuit, he wouldn’t pay it, but in the end he decided to do it in pennies.

‘I have enough pennies; I’ll use them,” Mr. Walker said at the time, according to the lawsuit.

“I’m glad justice has been done,” said Mr. Flaten in an interview with Atlanta News First on Monday. “I now firmly believe in karma.”

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