Wage and Hour Division (WHD)
U.S. Department of Labor
Nashville, Tenn., landscaping company to pay more than $449,000 in back wages and overtime pay following US Department of Labor investigation
Some employees were hired under H-2B program
NASHVILLE, Tenn. -- Peachtree Maintenance Inc. has agreed to pay $449,436 in back wages to 81 employees after the U.S. Department of Labor found the Nashville landscaping company had failed to ensure employees received federal minimum wages and overtime payments required by the Fair Labor Standards Act.
The company employed a combination of foreign and local workers. Twenty-four workers were employed under the H-2B nonimmigrant program that permits employers to hire foreign workers to meet a temporary need for nonprofessional, nonagricultural skills.
The department’s investigation revealed several violations of the FLSA. All 81 employees were due a total of $433,955 in back wages because they were either paid a flat daily rate without overtime or paid straight time for all hours worked over 40 per week. Additionally, 24 of the 81 workers were required by the employer to cover their own transportation costs from Guatemala – which reduced their pay below the federal minimum wage. The investigation determined that those 24 workers were owed another $15,481 in back wages. The department also found that the employer had failed to keep accurate records of all hours worked for a two-year period.
“Employers are required to pay minimum wage and overtime compensation, and keep accurate payroll records under the FLSA,” said Marcia Collins, the Wage and Hour Division’s district director in Nashville. “The Wage and Hour Division is working hard to ensure that all employees receive their pay according to federal law.”
The Wage and Hour Division has enforcement responsibilities for workers in the H-2B program under the FLSA, the Davis-Bacon and Related Acts, the Service Contract Act, the Migrant and Seasonal Agricultural Worker Protection Act, and Occupational Safety and Health Act provisions that apply to workers.
This investigation was conducted by the Wage and Hour Division’s district office in Nashville, 1321 Murfreesboro Road, Suite 511; phone: 615-781-5344. For more information about the FLSA, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available on the Internet at http://www.dol.gov/whd.
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