U.S. Department of Labor Issues Guidance Supporting Workplace Flexibilities through Virtual Communication

News Release

U.S. Department of Labor Issues Guidance Supporting Workplace Flexibilities through Virtual Communication

WASHINTON, DC – The U.S. Department of Labor’s Wage and Hour Division (WHD) today announced new guidance in its ongoing efforts to support the American workforce through the pandemic recovery. As employers continue to meet the challenges presented to their businesses by the coronavirus, and as telework arrangements and virtual communication increasingly provide solutions, the agency provides additional guidance to maximize the benefits of these arrangements for employers and workers alike.

Today’s guidance comes in the form of two new Field Assistance Bulletins (FABs):

  • FAB 2020-7 addresses when, as a matter of enforcement policy, WHD will consider electronic posting by employers by email or an internet or intranet website to satisfy the employer’s requirement to provide employees with required notice of their statutory rights under a variety of federal labor laws.
  • FAB 2020-8 addresses when WHD will consider telemedicine an “in-person” visit for the purposes of establishing a serious health condition qualifying for protection under the Family and Medical Leave Act (FMLA).

“The guidance issued today reflects our ongoing commitment to provide the workforce critical information about flexibilities that allow employers and employees to better navigate the uncharted waters brought on by the coronavirus’ effects on the workplace,” said Wage and Hour Division Administrator Cheryl Stanton. “These bulletins provide the workforce an opportunity to leverage the power of electronic communication while preserving the rights of all parties. WHD is proving that maintaining social distance need not distance workers nor employers from their rights, and that expanding flexibilities is key to the workforce’s continued recovery and growth as we emerge from this pandemic, and beyond.”

WHD continues to provide updated information on its website and through extensive outreach efforts to ensure that workers and employers have the information they need about the benefits and protections provided by the laws the agency enforces. WHD also provides additional information on common issues employers and employees face when responding to the coronavirus and its effects on wages and hours worked under the Fair Labor Standards Act (FLSA) and on job-protected leave under the FMLA  at https://www.dol.gov/agencies/whd/pandemic

For more information about the laws enforced by WHD, call 866-4US-WAGE, or visit 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 FLSA. 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
December 29, 2020
Release Number
20-2332-NAT
Media Contact: Eric Holland
Phone Number
Share This

U.S. Department of Labor’s Wage and Hour Division Delivers Record-Breaking Outreach in Fiscal Year 2020

News Release

U.S. Department of Labor’s Wage and Hour Division Delivers Record-Breaking Outreach in Fiscal Year 2020

WASHINGTON, DC – The U.S. Department of Labor today announced that its Wage and Hour Division (WHD) continued to break records in delivering outreach and education to workers and employers in fiscal year 2020.

For the third year in a row, the agency set a new record for its number of compliance assistance events, conducting more than 4,600 educational outreach presentations to help job creators understand their responsibilities under the law, and ensure workers understand their rights.

The majority of that outreach concerned the Families First Coronavirus Response Act (FFCRA). When the workforce needed information to implement the new paid leave benefits and protections available under FFCRA, WHD delivered. The agency’s unprecedented on-the-ground efforts included providing information at coronavirus testing sites, food banks and healthcare facilities.

The agency launched a national public awareness campaign with public service announcements (PSAs) on both television and radio, generating nearly 300 million gross impressions among viewers and listeners across the country. PSAs continue to provide information about the paid sick leave and expanded family and medical leave benefits available under the FFCRA.

During this time, WHD has remained committed to customer service and compliance assistance, receiving 45 million visits to its website after the passage of FFCRA and answering over 406,000 calls. WHD’s website saw more than six million visitors during one week of WHD’s coronavirus response, up from an average of 500,000 weekly views.

These record-breaking numbers confirm our ongoing commitment to robust compliance assistance that provides employers the tools they need to comply with the law,” said U.S. Secretary of Labor Eugene Scalia. “I’m grateful for the hard work of each member of the Wage-Hour Division team.”

Outreach events coupled with record-breaking customer service efforts in FY 2020 reflect WHD’s commitment to ensuring protections for workers and assisting employers as they navigated the uncharted waters of the coronavirus effects on the workplace.

“Providing the information to help workers and employers secure and implement critically needed paid leave, and protecting jobs and income while workers quarantined are contributions of immeasurable value,” said Wage and Hour Division Administrator Cheryl Stanton.Despite the unique circumstances of 2020, WHD steadfastly pursued its responsibility to faithfully inform the public and made exceptional contributions to workers’ well-being. However measured, vibrant educational efforts remain at the core of what WHD delivers.”

Visit https://www.dol.gov/agencies/whd for additional information about WHD’s work. Employers and employees are encouraged to contact WHD at 1-866-4US-WAGE with any compliance questions or for further information.

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 paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, 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 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
December 23, 2020
Release Number
20-2287-NAT
Media Contact: Eric Holland
Phone Number
Share This

Indiana Restaurant Operator to Pay $317,108 in Back Wages To 21 Employees Following U.S. Department of Labor Investigation

News Release

Indiana Restaurant Operator to Pay $317,108 in Back Wages To 21 Employees Following U.S. Department of Labor Investigation

EVANSVILLE, IN – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Los Tequila Inc. – operator of Los Tres Caminos restaurant in Evansville, Indiana – will to pay $317,108 in minimum wage and overtime back wages to 21 employees for violations of the Fair Labor Standards Act (FLSA).

WHD investigators found that Los Tequila Inc. violated the FLSA’s minimum wage and overtime requirements by paying servers for only up to 40 hours per week, failing to pay them any wages at all for any hours they worked beyond that point. Servers typically worked more than 40 hours per week every workweek. Additional violations occurred when the employer paid kitchen workers flat weekly salaries regardless of the number of hours they worked. This practice resulted in violations when these employees worked more than 40 hours in a workweek but the employer failed to pay them overtime.

In addition to the back wages, the employer paid $18,291 in civil money penalties due to the repeat nature of the violations.

A 2008 investigation of the Los Tres Caminos Inc., operating as Los Tres Caminos Mexican Restaurant in Peru, Indiana, found violations identical to those in the current case. The owner of Los Tres Caminos in Evansville is the owner of the Peru restaurant and has ownership interest in eight additional Mexican-cuisine restaurants in Indiana and Illinois.

This investigation was part of WHD’s National Food Services Education and Enforcement Initiative focused on compliance in the food-services industry nationwide.

“Employers must ensure their employees receive all wages they are legally due, and they must not violate federal wage laws in an attempt to gain an unfair competitive advantage over those employers that abide by the law,” said Wage and Hour Division District Director Patricia Lewis in Indianapolis, Indiana. “Other employers in this industry should use the resolution of this case as an opportunity to review their own pay practices to ensure they comply with the law, and avoid costly violations like those in this case.”

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, and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, 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 paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, 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
December 22, 2020
Release Number
20-2225-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
Share This

Indiana RV Manufacturer Agrees to Pay $103,318 in Back Wages to 168 Employees Following U.S. Department of Labor Investigation

News Release

Indiana RV Manufacturer Agrees to Pay $103,318 in Back Wages to 168 Employees Following U.S. Department of Labor Investigation

SYRACUSE, IN – Following an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Travel Lite Inc. will pay $103,318 in overtime back wages to 168 employees after the WHD found violations of the Fair Labor Standards Act’s (FLSA) overtime requirements at the company’s two recreational vehicle production facilities in Syracuse and New Paris, Indiana.

Investigators found the employer violated the FLSA’s overtime requirements when it misapplied an overtime exemption to 25 salaried workers. By erroneously claiming the exemption, Travel Lite Inc. violated the law when it failed to pay overtime when those employees worked more than 40 hours in a workweek. Additional violations occurred when Travel Lite paid production workers flat rates per day, regardless of the number of hours they worked. By doing so, the employer failed to pay overtime when employees worked more than 40 hours in a workweek.

“Employers must comply with all of the Fair Labor Standards Act’s requirements and ensure employees meet all of the necessary criteria before claiming an exemption from overtime,” said Wage and Hour Division District Director Patricia Lewis in Indianapolis, Indiana. “We encourage all employers to contact the Wage and Hour Division to better understand their responsibilities so that they can avoid similar 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, and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, 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 paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, 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
December 18, 2020
Release Number
20-1224-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
Share This

Court Orders Three Kalamazoo, Michigan-Area Restaurants to Pay $225,000 in Back Wages Following U.S. Department of Labor Investigation

News Release

Court Orders Three Kalamazoo, Michigan-Area Restaurants to Pay $225,000 in Back Wages Following U.S. Department of Labor Investigation

KALAMAZOO, MI – Three Kalamazoo, Michigan-area restaurants under joint ownership have paid $225,000 in back wages to 82 employees after the U.S. Department of Labor’s Wage and Hour Division (WHD) found minimum wage and overtime violations of the Fair Labor Standards Act (FLSA).

In a consent judgment, the U.S. District Court for the Western District of Michigan has ordered the three restaurants and Francisco Hernandez, Felipe Ortiz, Rosa Bravo, Juan Carlos Ortiz and Marcos Macias Jr. – the restaurants’ owners – to pay the back wages after a WHD investigation. Investigators found minimum wage, overtime, and recordkeeping violations at Los Amigos of Kalamazoo Inc., and Los Amigos Grill Inc., operating as Los Amigos Mexican Restaurant, both located in Kalamazoo, Michigan; and at Riviera Maya Inc., operating as Riviera Maya Bar and Grill in Portage, Michigan.

“Employers that violate federal wage laws must be held accountable for accurately paying employees and maintaining records as required by the law,” said Wage and Hour Division District Director Mary O’Rourke in Grand Rapids, Michigan. “We encourage other employers to use the resolution of this case as an opportunity to review their own pay practices to ensure they comply with the law and to contact WHD to better understand their responsibilities so that they can avoid similar violations.”

WHD found the company violated the FLSA by paying employees fixed salaries, regardless of the number of hours that they worked. This practice resulted in violations when those salaries failed to cover minimum wage for all the hours employees worked, and when they failed to pay overtime when those hours exceeded 40 in a workweek. The employer also failed to record any earnings for tipped employees or pay tipped employees overtime when they worked more than 40 hours per week. Additionally, the employer failed to maintain records of the number of hours employees worked, and the amounts paid to employees.

WHD will distribute payments to individual workers. Employees who believe they are due back wages should contact the WHD office in Grand Rapids, Michigan at 616-456-2004.

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, or confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, 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 paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act, 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
December 17, 2020
Release Number
20-2146-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
Share This

U.S. Department of Labor Recovers $85,753 in Back Wages For 414 Employees of Detroit-Area Car Wash Operator

News Release

U.S. Department of Labor Recovers $85,753 in Back Wages For 414 Employees of Detroit-Area Car Wash Operator

ROCHESTER, MI – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Mr. C’s Car Wash – based in Rochester, Michigan – has paid $85,753 in back wages to 414 employees for violating the Fair Labor Standards Act’s (FLSA) overtime and minimum wage requirements at all nine of the employer’s Detroit-metro locations.

WHD investigators found the employer violated the FLSA’s minimum wage requirements when it diverted a portion of workers’ tips to managers. Tips, under the FLSA, are the property of the tipped employees, and the law prohibits employers and managers from keeping any portion of them. Mr. C’s Car Wash violated overtime requirements when it deducted short rest breaks from employees’ pay, resulting in the employer not paying workers for all the hours that they worked. Employers must count breaks of less than 20 minutes as work time. Additional overtime violations resulted when the employer failed to include bonus and commission payments in employees’ regular rates of pay when determining their overtime rates. Erroneously excluding these amounts from the calculation resulted in Mr. C’s paying overtime at rates lower than those required by law.

“Employers of tipped workers must comply with all of the FLSA’s requirements about how to distribute those tips to ensure they pay employees all the wages they have legally earned,” said Wage and Hour Division District Director Timolin Mitchell in Detroit, Michigan. “We encourage all employers to contact WHD to better understand their responsibilities so that they can avoid similar 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, and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, 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 paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, 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
December 17, 2020
Release Number
20-2166-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
Share This

Court Orders Janitorial Company to Pay $10,000 in Back Wages and Damages To 11 Employees After U.S. Department of Labor Investigation

News Release

Court Orders Janitorial Company to Pay $10,000 in Back Wages and Damages To 11 Employees After U.S. Department of Labor Investigation

ST. JOSEPH, MI – A consent judgement issued by the U.S. District Court for the Southern District of Michigan has led Shoreline Building Services LLC – and its owner Crystal Middleton – to pay 11 employees $10,000 in back wages and liquidated damages to resolve overtime violations of the Fair Labor Standards Act (FLSA).

The court’s action follows a U.S. Department of Labor Wage and Hour Division (WHD) investigation that found the St. Joseph, Michigan-based janitorial services company violated the FLSA when it failed to pay employees overtime after working more than 40 hours in a workweek. Instead, the employer paid overtime based upon a two-week or longer pay period. Shoreline Building Services also calculated overtime incorrectly for employees who worked in multiple positions at different rates of pay during a pay period. Additional violations resulted when the employer failed to record or pay for time employees spent traveling between work sites during the workday.

WHD cited recordkeeping violations as a result of the employer’s failure to maintain accurate records of the number of hours employees worked per day and per week.

In the Oct. 31, 2020, consent judgment, the court ordered Shoreline Building Services to pay the back wages and adhere to FLSA recordkeeping requirements, including the proper recording of hours worked and maintenance of required time records in the future.

“Reaching a consent judgment to order Shoreline Building Services to maintain accurate records and pay employees as required under the Fair Labor Standards Act demonstrates Wage and Hour’s commitment to ensuring a level playing field for employers and protecting the rights of American workers,” said Wage and Hour Division District Director Mary O’Rourke in Grand Rapids, Michigan.

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, and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). 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 paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, 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.

# # #

Scalia V. Shoreline Building Services, Crystal Middleton

Case No. 1:20-cv-00345-JTN-SJB

 

Agency
Wage and Hour Division
Date
December 16, 2020
Release Number
20-2150-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
Share This

U.S. Department of Labor Recovers $173,851 in Back Wages For 89 Electrical Workers After Investigation Finds Overtime Violations

News Release

U.S. Department of Labor Recovers $173,851 in Back Wages For 89 Electrical Workers After Investigation Finds Overtime Violations

WILDWOOD, FL After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Galaxy Home Solutions Inc. – based in Wildwood, Florida – has paid $173,851 in back wages to 89 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators found Galaxy Home Solutions Inc. paid electrical installation crews a piece-rate, without regard to the number of hours that employees worked. By doing so, the employer failed to pay overtime violations when employees worked more than 40 hours in a workweek, an FLSA violation. Unless a specific exemption applies, the FLSA requires employers to pay workers time and one-half their regular rates of pay for hours they work beyond 40 in a workweek, whether they are paid by the hour, on a salary, by the piece, or by other methods.

“Paying employees piece rates does not excuse an employer’s requirement to pay their workers overtime,” said Wage and Hour Division District Director Nicolas Ratmiroff, in Tampa, Florida. “We hope that other employers in this industry can learn from the results of this case, and evaluate their own pay practices. We encourage all employers to reach out to us for compliance assistance, and for help understanding their obligations to their employees.”

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 and confidential calls to local WHD offices. A compliance assistance toolkit is also available for employers in the construction industry.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers that 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 paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, 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
December 15, 2020
Release Number
20-2149-ATL
Media Contact: Eric R. Lucero
Phone Number
Share This

U.S. Department of Labor Recovers $33,397 in Back Wages for Employees After Investigation Finds Overtime Violations at South Carolina Tire Retailer

News Release

U.S. Department of Labor Recovers $33,397 in Back Wages for Employees After Investigation Finds Overtime Violations at South Carolina Tire Retailer

PAGELAND, SC After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Pageland Tire Country Inc. – based in Pageland, South Carolina – has paid $33,397 in back wages to nine employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators determined Pageland Tire Country Inc. paid one salaried employee and some hourly employees only for their scheduled hours, rather than for the hours the employees actually worked. This practice resulted in violations when employees worked beyond their scheduled hours, but the employer failed to record or pay for the extra time. Some employees began working prior to their scheduled start times, some worked during lunch breaks, and some worked after their shift ending times. Pageland Tire Country’s failure to record the employees’ actual time worked also violated federal recordkeeping requirements.

“Failing to pay for all of the hours employees work is a violation employers can and must avoid,” said Wage and Hour Division District Director Jamie Benefiel, in Columbia, South Carolina. “We encourage all employers to reach out to us for compliance assistance, and for help understanding their obligations to their employees. Our work ensures that employees get paid all the wages they have legally earned, and that employers compete on a level playing field.”

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 and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers that 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 paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, 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
December 14, 2020
Release Number
20-2148-ATL
Media Contact: Eric R. Lucero
Phone Number
Share This

Clearwater, Florida, Manufacturer Pays $13,133 in Back Wages to Workers After U.S. Department of Labor Investigation Uncovers Overtime Violations

News Release

Clearwater, Florida, Manufacturer Pays $13,133 in Back Wages to Workers After U.S. Department of Labor Investigation Uncovers Overtime Violations

CLEARWATER, FL After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Clearwater Cylinder Head Inc. – a cylinder head manufacturer based in Clearwater, Florida – has paid $13,133 in back wages to 20 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators found Clearwater Cylinder Head Inc. failed to pay employees for work they performed beyond their scheduled shifts at the end of their workday if the employer had not specifically approved that time in advance. By doing so, the employer failed to pay overtime when the unpaid work time occurred in workweeks of 40 hours or more.

“Employers must ensure they pay their workers the wages they have rightfully earned for every hour that they work. This includes time spent preparing for the day or activities needing completion at day’s end,” said Wage and Hour Division District Director Nicolas Ratmiroff, in Tampa, Florida. “We encourage employers to contact us for compliance assistance, and for help understanding their obligations to their employees. The U.S. Department of Labor will continue working to level the playing field for employers that play by the rules, and to ensure workers get paid the wages they have legally earned.”

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 and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers that 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 paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, 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
December 9, 2020
Release Number
20-2145-ATL
Media Contact: Eric R. Lucero
Phone Number
Share This
Subscribe to Wages