Wage and Hour Division (WHD)
U.S. Department of Labor
JACKSONVILLE, N.C. -- Brynn Marr Body Shop of Jacksonville has agreed to pay 15 employees $19,174 in back wages following an investigation by the U.S. Department of Labor’s Wage and Hour Division, which found violations of the Fair Labor Standards Act’s overtime and record-keeping provisions.
The department’s investigation determined that the employer had improperly classified employees as exempt from the FLSA’s overtime requirements and was paying them straight-time rates for hours worked over 40 rather than paying one and one-half times their regular rate of pay after 40 hours in the 7 day workweek.
“Employers are legally obligated to maintain accurate records and pay for all hours worked, including proper overtime compensation when employees work more than 40 hours in a week,” said Richard Blaylock, director of the Wage and Hour Division’s Raleigh District Office. “The back wages paid in this case should serve as notice to other employers who may be paying in the same manner that they, too, should come into compliance immediately.”
The employer agreed to correct all issues identified in this investigation, including payment of the back wages in full, and to fully comply with the FLSA in the future,
The FLSA also requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 for all hours worked, and that employers maintain accurate time and payroll records.
The FLSA provides an exemption from both minimum wage and overtime pay requirements for individuals employed in bona fide executive, administrative, professional and outside sales positions, as well as certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exemption status.
The department has a smartphone application to help employees independently track the hours they work and determine the wages they are owed. Available in English and Spanish, users can conveniently track regular work hours, break time and any overtime hours for one or more employers. This new technology is significant because, instead of relying on their employers’ records, workers now can keep their own records. This and other Labor Department apps are available at http://www.dol.gov/dol/apps.
Information on the FLSA and other wage laws is available by calling the division’s Raleigh office at 919-790-2742 or its toll-free helpline at 866-4US-WAGE (487-9243) and at http://www.dol.gov/whd.
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