Wage and Hour Division (WHD)
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US Labor Department recovers more than $55,000 in back wages for 61 telemarketers in Ocala, Fla.
OCALA, Fla. -- The U.S. Department of Labor has recovered $55,499 in back wages from All American Air and Electric Inc. after an investigation found that the company and its corporate officers had paid 61 employees less than the federal minimum wage for all hours worked, and had failed to maintain accurate time and payroll records for these employees, in violation of the Fair Labor Standards Act.
All American Air and Electric Inc., owned and operated by William Buehler, Kathleen Buehler and James Degatina Sr., is a heating/ventilation/air conditioning and electrical contracting company with branches in Ocala, Port St. Lucie and Lady Lake.
“Employees don’t always know their rights under federal labor laws,” said Michael Young, director of the Jacksonville District Office of the Labor Department’s Wage and Hour Division. “Businesses are obligated to pay their workers fairly, and the Labor Department is working to ensure that those who are taken advantage of are properly compensated for all of their work.”
After conducting interviews and reviewing payroll and time records, a Wage and Hour Division investigator concluded that workers employed as telemarketers at the company’s Ocala branch received a $50 commission for each successful sale but most workers did not make enough sales to reach the federal minimum wage rate of $7.25 per hour for all hours worked. Furthermore, the company relied exclusively on a “per sale” payment arrangement and kept no track of its telemarketers’ daily or weekly work hours, in violation of the FLSA’s recordkeeping provisions.
The company has agreed to pay back wages and come into compliance with federal law by ensuring that employees’ work hours are monitored, recorded and accurately compensated in accordance with the FLSA.
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 hourly rates, 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 the FLSA, contact the Wage and Hour Division’s Jacksonville office at 904-359-9292 or call the division’s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at http://www.dol.gov/whd.
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