Wage and Hour Division (WHD)
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Judge orders Kevin Misch Trucking and Excavating Inc. to repay nearly $51,000 in employee back wages after US Labor Department investigation
HAMMOND, Ind. -- A federal district court in Hammond has entered a consent order and judgment requiring Wheatfield, Ind.-based Kevin Misch Trucking and Excavating Inc. and its owner, Kevin Misch, to repay $50,952 in back wages to 31 employees. The judgment follows an investigation conducted by the U.S. Department of Labor’s Wage and Hour Division into alleged violations of the Fair Labor Standards Act.
The investigation disclosed that the company violated the FLSA by failing to pay workers time and one-half their regular rates for hours worked exceeding 40 in a week.
“The Wage and Hour Division is committed to ensuring compliance to protect and enhance the welfare of the nation’s workforce,” said Patricia Lewis, district director in the Wage and Hour Division’s Indianapolis, Ind., office. “This commitment includes using all available tools, such as litigation, to ensure workers receive the wages that are rightfully theirs.”
The judgment requires the repayment of back wages, including overtime compensation and interest, to employees who worked for the company from Nov. 1, 2003, through May 27, 2007. The judgment also stipulates that the company and its owner must not violate the FLSA in the future.
The Wage and Hour Division enforces the FLSA, which requires employees to be paid the federal minimum wage for all hours worked, and time and one-half their regular rates of pay for hours worked over 40 in a week unless an employee is exempt from overtime pay. Employers must also maintain accurate time and payroll records.
To learn more 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 Indianapolis Regional Office at 317-226-6801. Information can also be found on the Internet at http://www.dol.gov/whd
Solis V. Kevin Misch, Kevin Misch Trucking and Excavating Inc.
Civil Action Number: 2:08-cv-93 PRC
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