Painting Contractor Agrees To Pay Millions In Overtime Wages, Damages For Workers

By Dana Gentry, Nevada Current

January 13, 2023

Unforgettable Coatings, a Las Vegas painting company that also operates in Utah, Idaho, and Arizona, agreed Friday to pay $3.68 million to workers it failed to adequately compensate for overtime.

“Defendants understand and expressly acknowledge that demanding or accepting any of the monies due to any current or former employees under this Consent Judgment and Order to any current or former employees, threatening any employee for accepting monies due under this Consent Judgment and Order, or threatening any employee for exercising any of his or her rights under or related to the FLSA (Federal Labor Standards Act) is specifically prohibited and may subject Defendants to liability beyond this Consent Judgment including civil contempt,” says the agreement.

The company is a repeat offender of wage law violations, according to the U.S. Department of Labor.

“Instead of coming into compliance, it appears that Defendants then devised a new set of procedures to obscure its continued failure to pay overtime and then commenced a campaign to deter their workers from speaking truthfully to government investigators,” U.S. District Judge Kent Dawson wrote in 2020 when he enjoined the company from cutting pay and from firing workers in alleged retaliation for cooperating with investigators.

The consent judgment calls for Unforgettable Coatings to pay $1.8 million in unpaid overtime compensation, $1.8 million in liquidated damages, $18,092 in interest, and a $50,000 civil penalty.

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