A Georgia auto shop owner is being sued by the United States Department of Labor after he dumped 91,500 pennies on an ex-worker's driveway.
The lawsuit accuses the shop owner of violating federal labor law and retaliating against an employee.
The story stretches back to November 2020, when Andreas Flaten submitted his two-week resignation notice after getting into an argument with his boss, Miles Walker, at A-OK Walker Autoworks in Peachtree City, Georgia. Flaten said when he delivered the news, Walker was so upset, he "put his hands on his head, walked out, and disappeared for an hour."
Four months went by and Flaten never received his final paycheck worth $915. In January 2021, Flaten called the Department of Labor to file a complaint. In March 2021, he finally received his wages -- but it wasn't by a check in the mail.
Walker delivered Flaten's final $915 paycheck, by dumping 500 pounds of pennies covered in oil in his driveway along with a derogatory note, according to the lawsuit. To add insult to injury, Flaten had to wash each penny individually, all 91,500 of them, before he could deposit them. The lawsuit claims the oil-soaked pennies blocked and stained his driveway and required nearly seven hours to remove.
Flaten's girlfriend posted a video of the oily pennies on Instagram and the story went viral.
As the story gained more attention, Walker allegedly wrote defamatory statements about Flaten on the company's website and social media, according to the lawsuit. When questioned by local news station CBS46, Walker said he couldn't really remember if he dumped the pennies in Flaten's driveway.
"It doesn’t matter. He got paid, that's all that matters," Walker added. "He's a f--king weenie for even bringing it up."
During an investigation regarding Flaten's complaint, the Labor Department said it also determined that Walker violated overtime laws by paying other employees straight time for all hours worked, failing to pay legally required overtime rate when they worked over 40 hours in a workweek. Walker is also accused of failing to keep adequate and accurate records of employees’ pay rates and work hours.
"By law, worker engagement with the U.S. Department of Labor is protected activity. Workers are entitled to receive information about their rights in the workplace and obtain the wages they earned without fear of harassment or intimidation," Steven Salzar, Wage and Hour Division District Director, said in a statement.
The lawsuit, filed December 30 in U.S. District Court for the Northern District of Georgia, is seeking $36,971 in back wages and liquidated damages for violations of the retaliation, overtime and recordkeeping prohibitions of the Fair Labor Standards Act.
Flaten called the lawsuit a "pleasant surprise," telling the New York Times he thought Walker would get away with it and he's happy to see justice is being served.
Walker has not yet commented on the lawsuit.
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