News Release

U.S. Department of Labor Investigation Results in West Virginia Laundry Service Paying $66,641 in Back Wages and Damages

FAIRMONT, WV – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Superior Industrial Laundries Inc. – a commercial laundry facility based in Fairmont, West Virginia – has paid $66,641 in back wages and liquidated damages to 36 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators found that Superior Industrial Laundries Inc. – doing business as Superior Laundries – misapplied an exemption from the FLSA's overtime requirements to its delivery drivers and certain sales staff. The employer paid the misclassified employees flat salaries, without regard to the number of hours that they actually worked. This practice resulted in violations when the employer failed to pay overtime when those employees worked more than 40 hours in a workweek. The employer also failed to keep records of daily and weekly work hours for these employees, in violation of the FLSA's recordkeeping requirements.

"Exemptions from the law's overtime requirements require very specific criteria to be met," said Wage and Hour Division Director John DuMont in Pittsburgh, Pennsylvania. "We invite all employers to use the wide variety of tools we offer to help them understand those criteria, and ultimately their responsibilities under the law. Employers or workers with questions can also call us, or visit any of our offices, to speak directly with a trained Wage and Hour professional."

The FLSA requires that covered, nonexempt employees be paid at least the minimum wage of $7.25 per hour for all hours worked, plus time-and-one-half their regular rates, including commissions, non-discretionary bonuses, and incentive pay, for hours worked beyond 40 per week. Employers also must maintain accurate time and payroll records.

WHD is committed to providing employers with the tools they need to assist them in fulfilling their obligation to understand and comply with the variety of laws the Division enforces. Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program.

For more information about the FLSA and other federal wage laws, call the Division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd.

The mission of WHD is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Agency
Wage and Hour Division
Date
October 8, 2019
Release Number
19-1622-PHI
Contact: Leni Fortson
Contact: Joanna Hawkins
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