UNITED STATES DISTRICT COURT

FOR THE

DISTRICT OF NEW HAMPSHIRE

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ELAINE L. CHAO Secretary of Labor,

United States Department of Labor,

Plaintiff,

V.

VPS DRYWALL, LLC

and STEVE RHEAUME

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* CIVIL ACTION

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* FILE NO.

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Defendants .

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COMPLAINT

Plaintiff brings this action to enjoin defendants from violating the provisions of sections 7

and 11 of the Fair Labor Standards Act of 1938, as amended (52 Star. 1060, 29 USC 201, et sec )

hereinafter called the Act.

1 .

Jurisdiction of this action is conferred upon the Court by section 17 of the Act .

II.

Defendant VPS Drywall, LLC is, and at all times hereinafter mentioned was, a

corporation having an office and place of business at 61 Technology Way, Nashua, New

Hampshire within the jurisdiction of this Court and is now, and at all times hereinafter mentione d

was, engaged at that place of business, and elsewhere, in the operation of drywall and insulation

contracting.

III .

Defendant Steve Rene Rheaume maintains a place of business at 61 Technology Way,

Nashua, New Hampshire, within the jurisdiction of this Court and is now, and at all times

Case 1:06-cv-00301-SM Document 1 Filed 08/15/06 Page 1 of 3
hereinafter mentioned was, principal owner and operating officer of the aforesaid corporation

and as such actively manages, supervises and directs the business affairs and operations of said

corporation. This defendant has acted at all times material herein directly and indirectly in the

interest of said corporation in relation to its employees and was, and is, therefore, an employer of

said employees within the meaning of the Act .

IV.

Defendants are, and at all times hereinafter mentioned were, engaged in related activitie s

performed through unified operation or common control for a common business purpose, and

they are, and at all times hereinafter mentioned were, an enterprise within the meaning of section

3(r) of the Act.

V.

At all times hereinafter mentioned, defendants employed employees in the activities o f

said enterprise engaged in commerce or in the production of goods for commerce, including

employees handling, selling or otherwise working on goods or materials that have been moved in

or produced for commerce . Said enterprise, at all times hereinafter mentioned, has had an annual

gross volume of sales made or business done in an amount not less than $500,000 .00. Therefore,

the said employees have been employed in an enterprise engaged in commerce or in th e

production of goods for commerce within the meaning of Section 3(s) .

VI.

Defendants have repeatedly violated and are violating the provisions of sections 7 an d

15(a)(2) of the Act by employing employees for workweeks longer than forty (40) hours without

compensating them for their employment in excess of forty (40) hours in said workweeks, at

rates not less than one and one-half times the regular rate at which they were employed .

VII.

Defendants have repeatedly violated and are violating the provisions of sections 11(c)

and 15(a)(5) of the Act in that they have failed to make, keep and preserve adequate and accurate

records of employees' wages, hours, and other conditions and practices of employment as

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prescribed by regulations duly issued pursuant to authority granted in the Act and found in 29

CFR 516, in that records fail to show adequately and accurately, among other things, the hours

worked each workday and the total hours worked each workweek with respect to many

employees and the regular rates at which they were employed .

VIII.

During the period since January 25, 2004, defendants have repeatedly violated and are

violating the aforesaid provisions of the Act, as alleged, and a judgment enjoining such

violations is expressly authorized by section 17 of the Act .

WHEREFORE, cause having been shown, plaintiff prays judgment permanently

enjoining and restraining defendants, their agents, servants, employees, and those persons in

active concert or participation with them or acting in their interest and behalf, from violating the

provisions of sections 7 and 11 of the Act, and for such other and further relief as may be

necessary or appropriate, including the restraint of any withholding of compensation found by

the court to be due under the Act to employees, together with interest thereon from the date such

back wages became due until the date back wages are finally paid, and costs.

Howard M. Radzely

Solicitor of Labor

Frank V. McDermott, Jr.

Regional Solicitor

/s/John S. Casler

John S . Casler

Deputy Regional Solicitor

U.S . Department of Labor

Attorneys for Plaintiff

Post Office Address:

U.S . Department of Labor

Office of the Solicitor

JFK Federal Bldg., Room E-375

Boston, MA 02203

TEL: 617-565-2500

FAX : 617-565-2142

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