Wage and Hour Division (WHD)
U.S. Department of Labor
GULFPORT, Miss. -- Mandal’s Inc. of Gulfport has agreed to pay 94 employees $85,106 in back wages following an investigation by the U.S. Department of Labor’s Wage and Hour Division that found violations of the Fair Labor Standards Act’s overtime and record-keeping provisions. Mandal’s is a roofing and sheet metal company that builds and services roofs and other structures.
Investigators determined that the employer paid the employees “straight time” for hours worked beyond 40 in a workweek rather than time one and one-half their regular rates. The employer also failed to keep accurate records of hours worked and wages paid.
“Employers are legally obligated to maintain accurate records and pay for all hours worked, including overtime when employees work more than 40 hours in a week,” said Kenneth Stripling, director of the division’s Gulf Coast District Office. “Other similar employers in the construction industry should take notice and ensure that their policies are in compliance with federal law.”
In addition to paying the back wages owed, the employer has agreed to full compliance with the FLSA, which includes keeping accurate records of hours worked and provide proper overtime compensation for hours worked in excess of 40 in a week.
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 Labor Department has developed 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 track regular work hours, break time and any overtime hours for one or more employers. Available at http://www.dol.gov/dol/apps, this new technology is significant because workers now can keep their own records instead of relying on their employers’ records.
The division’s Gulf Coast office can be reached at 205-536-8570. Information on the FLSA and other wage laws is available by calling the division’s toll-free helpline at 866-4US-WAGE (487-9243) or by visiting http://www.dol.gov/whd.
U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.