Northeastern Edition New York Delaware New Jersey Pennsylvania
Maryland Connecticut Rhode Island Massachusetts
33
YEARS
www.autobodynews.com ww ww.autobodynews.com
VOL. 4 ISSUE 7 OCTOBER 2014
Federal Court in FL to Rule on Overtime Pay Under FLSA for Auto Repair Employees
Body Shop Owner’s Forgotten Lottery Ticket is a Nearly-Lost $2.9 Million Winner
A federal court case involving overtime payment for employees under the rules of the Fair Labor Standards Act (FLSA) was filed in State Court February, 2014, and removed to the Federal Florida Southern District Court in July. The court’s ruling in Smoluk v. Action Auto Body, LLC, has the potential to clarify confusing and contradictory positions from the Department of Labor and rulings by courts with regard to exempt status for employees in automotive repair. The plaintiffs, Jospeh Smoluk and Michelle Smoluk, are suing their
A change in Jerry Ritieni’s routine on July 19 almost cost him close to $3 million. When the Extreme Auto Body owner stopped at Cumberland Farms in Syosset, NY, to buy $10 in Quick Pic lottery tickets, he placed the tickets in his center console, instead of their usual spot—clipped to his visor mirror. There they sat until Ritieni found the tickets a month and a half later while searching for his Vermont house keys. After entering the numbers online at his shop, he became a millionaire in the blink of an eye. “I’m a joking-around kind of guy, so my son, friends and employees didn’t believe that I had won the lotto, until I sped out of the parking lot,” said the Massapequa local. “Kenny [an em-
by Stacey Phillips, Assistant Editor
former employer, Franck Tatto and Action Auto Body, LLC., for damages exceeding $15,000, excluding attorneys’ fees or costs for breach of agreement and unpaid wages under the FLSA. Franck Tatto and Action Auto Body, LLC., located in Broward County, FL, deny the allegations. In court documents, the defendants say the “… Plaintiffs have been paid all wages due in full and in a timely manner.” According to the lawsuit, Jospeh Smoluk worked for Action Auto Body as a non-exempt service writer from See Overtime Pay, Page 10
Theft and Serious Injury at PA Auto Body Shop by Stacey Phillips, Assistant Editor
An attempted auto theft at a collision repair shop in Pittsburgh, PA on August 30 left the shop manager seriously injured in the hospital and nine cars damaged. Pittsburgh police are investigating the incident that took place at Ultimate Auto Body Shop, in business for more than 30 years. Mike Harlack, the manager, noticed someone getting into a new Subaru that had just been dropped off that morning and was ready to be put on the rack. “He thought it was one of his friends at first,” said Joe Sokolowski, the owner of the shop. Sokolowski
said when the car started Harlack opened the door to stop the thief. A surveillance video, aired on WTAE Pittsburgh Action News 4, showed Harlack being dragged away by the car before hitting the side of a tow truck and falling to the ground, with a broken leg. The thief sped away, hitting eight cars and totaling the Subaru before running away. Sokolowski said he wished that Harlack wouldn’t have tried to stop the thief. “I just hope he’s going to be okay,” said Sokolowski, who has worked with Harlack since the shop first opened and considers his col-
by Victoria Antonelli, Online Editor
Extreme Auto Body owner Jerry Ritieni in front of his NY shop with the winning ticket (Photo courtesty of VICTORALCORN.COM)
ployee] said, ‘I think he’s serious, he hasn’t left the shop during business hours in 22 years, and he’s been gone for almost an hour!’” Ritieni, 48, says that he will continue to work. “The money is life-easing, not life-changing,” Ritieni explains. “I never had a retirement plan, which was always a concern of See Lottery Winner, Page 6
Axalta Coating System’s Front Royal Plant Hosted Congressman Bob Goodlatte
See Theft and Injury, Page 12
Axalta Front Royal Plant Manager Lou Papa (l) and Congressman Bob Goodlatte (r)
Axalta Coating Systems, a leading global supplier of liquid and powder coatings, hosted Congressman Bob Goodlatte, serving Virginia’s Sixth Congressional District, at its Front Royal plant on September 8, 2014. Congressman Goodlatte is visiting select industries in the area in sup-
port of local economic growth. Lou Papa, Axalta Plant Manager, hosted the congressman who addressed a large group of employees. “We enjoyed visiting with Congressman Goodlatte. Our Front Royal plant manufactures and distributes high quality paint products for customers in the Refinish and Industrial markets. We are proud of our team members and our products, and we are pleased that he took the time to visit our facility,” said Papa. “Axalta has an important presence in Warren County – both employing many hardworking individuals and helping to stimulate the local economy,” said Congressman Goodlatte. “I was delighted to visit the Front Royal facility to learn more about the work they are doing and take questions from team members on some of the issues facing our nation today. I thank Lou Papa and the team members in Front Royal for welcoming me.”
Change Service Requested
P.O. BOX 1516, CARLSBAD, CA 92018
Presorted Standard US Postage PAID San Bernardino, CA Permit #2244