Wage and Hour Division (WHD)
U.S. Department of Labor
OMAHA, Neb. -- Central States Industrial Supply Inc. in Omaha has paid more than $16,000 in back wages and penalties following a U.S. Department of Labor Wage and Hour Division investigation that disclosed multiple violations of the Fair Labor Standards Act’s (FLSA) overtime and child labor provisions.
The Wage and Hour Division recovered $10,113 in back wages for 37 employees of the company, a wholesaler of pumps, pipes, valves and plumbing supplies, after discovering that nondiscretionary bonus payments were not factored into employees’ regular rates when determining overtime pay.
In addition, the Labor Department assessed $6,270 in civil money penalties against the company after discovering two 15-year-old employees worked in violation of FLSA hazardous occupation orders. Furthermore, one of the youths worked more than eight hours on a nonschool day in violation of the FLSA’s hours-time standards.
“The Labor Department will continue to conduct rigorous inspections to help ensure workplaces are safe for the youth workforce and that workers receive the wages they’re entitled to,” said Percella Maupins, the Wage and Hour Division’s district director in Des Moines, Iowa.
In light of the child labor violations, the Wage and Hour Division issued a “hot goods” citation against the company, which regularly ships items out of state. Hot goods violations can result in additional money penalties or may prevent a company from shipping goods until it is in compliance with the FLSA. In this case, the company was cited after the fact, resulting in an additional money penalty but no freeze in operations.
The company has cooperated fully with the Wage and Hour Division and has since come into compliance.
The FLSA requires covered, nonexempt employees to be paid at least the federal minimum wage of $6.55 per hour for all hours worked, and time and one-half their regular rates of pay for hours worked beyond 40 in a week. Employers must also maintain accurate time and payroll records.
The FLSA’s child labor provisions identify 17 hazardous orders that prohibit specific activities for workers under 18. The law further states that minors may not work more than three hours on school days, eight hours on nonschool days, 18 hours during school weeks or 40 hours during nonschool weeks. Also, 14- and 15-year-olds may work during nonschool hours but no later than 7 p.m. (9 p.m. from June 1 until Labor Day).
For more information about the FLSA or child labor laws, call the Department of Labor’s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov and www.youthrules.dol.gov.
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