Wage and Hour Division (WHD)
U.S. Department of Labor
U.S. Labor Department fines Southland plasterer for repeat pay violations
Employer's flat daily rates violated minimum wage, overtime rules
SAN FRANCISCO -- The U.S. Department of Labor has fined an Orange County, Calif.-based plastering business $43,800 for repeat violations of the federal Fair Labor Standards Act (FLSA) after an investigation revealed employees working in Orange and neighboring counties were not paid properly.
Investigators with the Labor Department's Wage and Hour Division found that plasterers were paid a set daily rate by their crew leaders, who did not keep records of actual hours worked. As a result, 635 employees of Ford Plastering, now doing business as E Plastering, are due a total of $115,578 in back wages for time worked over a two-year period. The two companies are owned by father and son Gary and Darrel Ford.
“Employers and crew leaders have to track the actual hours their crews work and ensure they're receiving at least minimum wage plus overtime when they work more than 40 hours per week,” said George Friday Jr., regional administrator of the Wage and Hour Division in San Francisco. “Too often we have seen employers pay their workers a flat fee when they should have provided overtime pay.”
The department assessed a penalty for a repeat violation, as it found similar violations in 1999.
The Wage and Hour Division learned of the employer's practices through participation in the Employment Education and Outreach (EMPLEO) partnership. EMPLEO is an alliance of organizations and government agencies that assists Spanish-speaking workers and employers with work-related concerns. EMPLEO has a local, toll-free helpline: 877-55-AYUDA (552-9832). Volunteers help refer callers to the appropriate EMPLEO partner for assistance.
The FLSA requires that covered employees be paid at least the federal minimum wage of $6.55 per hour and receive overtime at one and one-half times their regular rates of pay for hours worked beyond 40 per week. Employers must also maintain accurate time and payroll records.
For more information about the FLSA, call the Department of Labor s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov or by calling the division's Orange Area Office at 714-621-1650. In addition to English, assistance is available in Spanish as well as other languages.
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