Wage and Hour Division (WHD)
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FLSA ‘hot goods’ provision benefits South Florida employees as US Labor Department recovers more than $173,000 in back wages for 153 workers
MIAMI -- The U.S. Department of Labor’s Wage and Hour Division today announced the successful conclusion of four cases in South Florida resulting in the recovery of $173,807 in back wages for 153 employees of Belcorp of America, Electrolytic Technologies Corp., Top Image USA and Minton Sun Inc.
The companies in these cases all complied to pay back wages to their employees after Wage and Hour Division investigators invoked the “hot goods” provision of the Fair Labor Standards Act. The provision would have prevented the companies from shipping any of the goods that were produced in violation of the FLSA. When faced with that prospect, the employers agreed to make back wage payments rather than face the possibility of being unable to ship their goods to their customers.
“Employers should know that the FLSA authorizes the Department of Labor to prohibit movement in interstate commerce of goods that were produced in violation of the act’s minimum wage, overtime or youth employment provisions,” explained Oliver Peebles III, the Wage and Hour Division’s regional administrator in Atlanta, Ga. “Many of these employees earn low wages and can ill-afford to miss a paycheck or not be paid for all the hours that they have worked.” .
Belcorp of America, a cigarette manufacturer in Miami, has agreed to pay 64 workers $111,410 in back wages following an investigation that uncovered the employer’s failure to maintain an accurate record of hours worked by employees. Workers were paid a regular hourly rate regardless of the number of hours worked and premium pay was not paid when employees worked more than 40 hours in a week
Electrolytic Technologies Corp., a water purification systems manufacturer in North Miami Beach, Fla., has agreed to pay 16 workers $24,813 after the company missed its payrolls between May and July of this year. The employer assured that it would not miss a payroll again.
Top Image USA, an apparel producer in Plantation, Fla., has agreed to pay $20,699 to 20 workers who were paid straight time for all hours worked and did not receive premium pay for hours worked over 40 in a week. The company also failed to pay the applicable minimum wage for all hours worked.
Minton Sun Inc., a citrus packing house in Fort Pierce, Fla., has agreed to pay $16,885 to 53 workers due to a missed payroll and failing to pay premium pay when the workers worked more than 40 hours 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 of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers must also maintain accurate time and payroll records.
For more information about these investigations, contact the Wage and Hour Division District Office, 10300 Sunset Drive, Room 255, Miami, FL 33173; telephone 305-596-9874. For more information about the FLSA, call the 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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