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Post date: October 12 2006

Greengrocer Prosecuted For Failure To Pay Overtime

Attorney General Spitzer announced today that the owner of a Brooklyn greengrocer store has pleaded guilty to a misdemeanor charge of failing to pay overtime wages. He was ordered to pay restitution to underpaid employees.

Heung S. Park, the owner of S&S Farm, had previously entered into an Assurance of Discontinuance with the Attorney General's Office. In February 2005, Park agreed to pay restitution of $28,852 in back wages and damages to his employees for the year 2004 and January 2005. He also agreed to comply with all labor laws in the future and to institute certain employment practices to benefit employees.

While Park paid the money due under the agreement, he continued his failure to pay overtime wages, thereby violating both the law and the Assurance that he had signed.

"The defendant was given an opportunity to come into compliance with the law the first time the Attorney General's Office investigated his employment practices. However, he then chose to break the law and disregard his obligations under the Assurance by failing to pay workers required overtime compensation," Spitzer said. "We will continue to prosecute those who enter into agreements and then violate those agreements."

Park, pleaded guilty to one count of Failure to Pay Wages in Accordance with New York State Labor Law § 662(2), a class B misdemeanor. He also admitted that he failed to pay employees properly for work performed from March of 2005 until March of 2006.

The case was prosecuted by Assistant Attorneys General James W. Versocki and Lorelei Boylan of the AG's Labor Bureau, under the supervision of Bureau Chief M. Patricia Smith, with the assistance of Investigator Steven Pratt of the Attorney General's Investigations Bureau.