Raymour & Flanigan drivers get $2M. for OT

By ERIK ORTIZ, Staff Writer, 609-272-7253 | Posted: Wednesday, July 8, 2009 |

Delivery employees of Raymour & Flanigan Furniture are receiving more than $2 million in unpaid overtime after being compensated improperly by the retailer, state labor officials said Tuesday.

More than 500 employees and former employees are being mailed their back pay collected from the Liverpool, N.Y.-based Raymour & Flanigan.

An investigation was conducted by the state Labor and Workforce Development's Division of Wage and Hour Compliance in response to complaints by delivery employees, who had claimed that they were not getting time-and-a-half when they worked more than 40 hours per week.

The drivers were based out of a warehouse in Middlesex County, but went throughout the state to wherever the company had a delivery, Labor Department spokeswoman Marcela Maziarz said. The company has 15 retail stores in New Jersey, including one in Egg Harbor Township.

The case was heard by the Superior Court of New Jersey's Appellate Division earlier this year. The furniture company had argued that the workers fell under a trucking operation of the business and were exempt from statutory overtime requirements.

But the court in March affirmed the state's position that the company is a retailer first, not a trucking company, and therefore workers were not exempt.

Vicky D'Agostino, a spokeswoman for Raymour & Flanigan, said the company had no comment Tuesday.

Current and former company employees who have not received overtime pay or think they are entitled to it may contact the Division of Wage and Hour Compliance at 609-777-4925.

E-mail Erik Ortiz:

EOrtiz@pressofac.com