Wage and Hour Division (WHD)
U.S. Department of Labor
Tom Johnson Camping Center in North Carolina agrees to pay almost $145,000 in back wages following US Labor Department investigation
CONCORD, N.C. -- Employees of Tom Johnson Camping Center will receive a total of $144,984 in back wages following an investigation by the U.S. Department of Labor’s Wage and Hour Division that resulted in a voluntary agreement with the company.
Tom Johnson Camping Center is engaged in the selling and maintenance of recreational vehicles, trailers and campers with locations in Concord and Marion, N.C.
Labor Department investigators calculated that 54 workers were due payments after it was determined that the company had violated provisions of the Fair Labor Standards Act.
Sales employees, although exempt from overtime, were not guaranteed payment of the federal minimum wage for all hours worked. Specifically, employees who worked on a commission basis received no pay in weeks when they did not make any sales.
“The Labor Department is committed to ensuring that employees receive all wages to which they are entitled under the FLSA,” said Richard Blaylock, district director of the Wage and Hour Division in Raleigh, N.C. “This outcome should serve as a reminder to other employers to make sure they are familiar with the requirements of the law and careful about compliance so that workers are always properly paid for all hours worked.”
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 of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Although exempt from overtime provisions, the FLSA requires that commission sales workers, other than those engaged in outside sales, be paid at least the federal minimum wage for all hours worked in a work week. Employers must also maintain accurate time and payroll records.
Information on federal laws concerning minimum wage, overtime and recordkeeping is available by calling the Department of Labor’s toll-free helpline at 866-4US-WAGE (487-9243) and on the Internet at http://www.dol.gov/whd.
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