SoCal contractor pays $134K in overtime back wages, damages and penalties to 52 workers after Labor Department investigation

Employer: Dinh Construction Corporation

Location: 2313 Hall Ave., Riverside, California

Investigation findings: An investigation by the U.S. Department of Labor’s Wage and Hour Division found that Dinh Construction violated the overtime provisions of the Fair Labor Standards Act when it failed to pay employees overtime at time-and-a-half for hours they worked beyond 40 per week. Instead, the employer paid overtime hours at straight time rates, with separate checks. In addition, the construction contractor failed to keep accurate records of the hours and wages paid, in violation of FLSA’s recordkeeping provisions.

Resolution: Dinh Construction has paid $65,087 in overtime back wages and an additional, equal amount of $65,087 in damages to 52 workers. The employer has also been assessed a $4,004 civil penalty because of the willful nature of the violations found.    

Quote: “Workers required to put extra hours must receive the overtime pay they rightfully deserve,” said Daniel Pasquil, district director of the Wage and Hour Division in West Covina. “Extra work equals extra pay. We are committed to leveling the playing field so that employers do not take shortcuts at the expense of their workers and other businesses don’t get placed at a competitive disadvantage in the marketplace.”

Information: Dinh Construction is an industrial and commercial construction contractor specializing in the transportation, installation, remodeling, and demolition of modular structures.

The FLSA requires that covered, nonexempt workers be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus overtime at one and one-half times their regular wages for hours worked beyond 40 per week. Employers also must maintain accurate time and payroll records. Employers are prohibited from retaliating against workers who exercise their rights under the law.

For more information about federal wage laws administered by the Wage and Hour Division, or to file a complaint, call the agency’s toll-free helpline at 866-4US-WAGE (487-9243). All services are free and confidential. Information also is available at http://www.dol.gov/whd/.

Read this news brief in Spanish.