News Release

South Carolina Tobacco, Vape Retailer to Pay $46,748 in Back Wages, Damages after U.S. Department of Labor Uncovers Overtime Violations

COLUMBIA, SC After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Dab City Tobacco and Vape LLC, headquartered in Columbia, South Carolina, will pay $46,748 in back wages and liquidated damages to 31 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA). The department also assessed the employer a $21,235 civil money penalty for the willful nature of the violations.

WHD determined Dab City Tobacco and Vape failed to pay overtime to employees when they worked more than 40 hours in a workweek. Instead, the employer paid for overtime hours in cash, off the books, at straight-time rates. The employer also violated FLSA recordkeeping requirements when it failed to maintain accurate personnel and time records, and failed to display required FLSA posters in their establishments to inform workers of their rights. Dab City Tobacco and Vape operates six retail locations in in Columbia, West Columbia, Camden, and Leesville, South Carolina.

“The U.S. Department of Labor remains committed to ensuring employees receive all the wages they have rightfully earned,” said Wage and Hour District Director Jamie Benefiel, in Columbia, South Carolina. “When an employer willfully uses deceptive practices that prevent employees from collecting wages owed under the FLSA, we must respond. We encourage employers to call us any time or to use the many tools we offer to help them comply with the law, pay workers legally and avoid costly violations.” 

The department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos, confidential calls or in-person visits to local WHD offices.

For more information about the FLSA and other laws enforced by the WHD, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.

WHD’s mission 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
January 21, 2020
Release Number
19-2246-ATL
Contact: Eric R. Lucero
Phone Number
Contact: Michael D'Aquino
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