The staffing agency allegedly charges employees to receive paychecks
By Amy Hickcox
LAW WEEK COLORADO
Isabel Valverde, a former employee of Xclusive Staffing Inc., filed a complaint on March 22 against the company and other defendants for violating federal and state wage and hour laws.
Xclusive Staffing, based in Westminster, allegedly charges its employees $3 dollars per paycheck and deducts half-hour wages for lunch breaks employees are not allowed to take. “The check processing fee at issue in this case is primarily for the benefit of the employer and therefore cannot bring employees below minimum wage or reduce lawful overtime compensation,” said Nina DiSalvo, executive director for Towards Justice, a legal nonprofit organization that takes up cases of wage theft and is representing Valverde on this complaint.
According to the complaint, Xclusive Staffing has been investigated by the U.S. Department of Labor at least five times between 2011-2014 for violation of federal minimum wage and overtime laws. Xclusive in Denver was investigated by the Department of Labor twice in 2012 for minimum wage and overtime violations.
In both instances when the Denver location was investigated, it was found by the Department of Labor that Xclusive had been deducting lunch breaks from their employees. According to the complaint, Diane Astley, owner of Xclusive Staffing, agreed to change their practices after the 2014 investigation.