How 91,500 pennies landed passive-aggressive employer in FLSA hot water

A Georgia employer recently created more than just a social media buzz with its chosen method of distributing an employee’s final paycheck.

Facts

Andreas Flaten resigned from his job at A OK Walker Autoworks in Peachtree City in November 2020. The shop owed him $915 in final wages. After having difficulty collecting the paycheck, he filed a complaint with the U.S. Department of Labor (DOL). A department representative contacted shop owner Miles Walker, who indicated he had no intention of paying the final wages.

Apparently, Walker had a change of heart. Hours after learning about Flaten’s complaint, the owner decided to pay the final paycheck of $915 in pennies. According to the complaint, the employer said:

How can you make this guy realize what a disgusting example of a human being he is. . . . You know what? I’ve got plenty of pennies; I’ll use them.

On March 12, 2021, Walker’s company delivered 91,500 oil-drenched pennies to Flaten’s home, dumping them on his driveway, along with an expletive written on the pay stub. Not only was the former employee required to clean the oil stain off his driveway, but to cash in the pennies, he had to scrub them, too. Walker also allegedly posted defamatory comments about Flaten.

One thing leads to another

Walker’s actions prompted the DOL’s Wage and Hour Division (WHD) to conduct a broader audit of the shop’s wage and hour practices. It determined the employer failed to (1) pay overtime wages to nonexempt employees or (2) keep proper records of hours worked and pay rates.