Wage and Hour Division (WHD)
U.S. Department of Labor
VIRGINIA BEACH, Va -- Home improvement company Sea-Thru Windows Inc. in Virginia Beach has agreed to pay $83,454 in back wages to 45 workers following an investigation by the U.S. Department of Labor's Wage and Hour Division that disclosed violations of the Fair Labor Standards Act's overtime and record-keeping provisions.
Investigators found that the company required employees to perform vehicle cleaning, detailing and other work "off the clock," that is, before and after their scheduled shifts. For example, hours worked by employees to load the company's trucks at the beginning of the day and then return to the shop to unload at the end of the day were not recorded or paid. These practices resulted in the improper calculation of overtime as well as record-keeping violations. Additionally, the company paid the required overtime rate of time and one-half only for hours worked beyond 80 in a two-week period, instead of for hours worked in excess of 40 per workweek.
"Employers subject to the FLSA must ensure that their employees are fully compensated for all work hours in compliance with federal minimum wage and overtime pay requirements," said Patricia Pickett, assistant district director of the Wage and Hour Division's Norfolk Area Office, which conducted the investigation. "This investigation should serve as a notice to other employers to review their compensation and record-keeping practices to be sure that they are paying their employees in compliance with the law."
The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. In general, "hours worked" includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work, from the beginning of the first principal work activity to the end of the last principal activity of the workday. Additionally, the law requires that accurate records of employees' wages, hours and other conditions of employment be maintained.
The Department of Labor offers a free timesheet application for mobile devices that helps employees independently track the hours they work and the wages they are owed. Available in English and Spanish at http://www.dol.gov/dol/apps, the app allows users to track their regular work hours, break times and any overtime hours.
For more information about the FLSA's requirements, call the Wage and Hour Division's toll-free helpline at 866-4US-WAGE (487-9243) or the division's Norfolk office at 757-441-3490. Information also is available at http://www.dol.gov/whd.
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