MAUMEE, OH – While records at Journey Through Life Care Services LLC showed the Maumee health care service provider paid employees legally required state minimum wage plus time-and-a-half for overtime, federal investigators found the employer regularly failed to pay its employees overtime wages – sometimes paying a mere 50 cents per hour more for hours over 40 in a workweek.

Following an investigation by the U.S. Department of Labor’s Wage and Hour Division, Journey Through Life Care Services has paid a total of $92,275 to 61 direct support care employees in owed overtime back wages and agreed to future compliance with the Fair Labor Standards Act’s overtime and recordkeeping provisions. The division determined the employer violated the FLSA’s overtime wage requirements by generally paying workers straight time for all hours worked, including hours over 40 in a workweek.

“By assisting individuals with developmental disability with daily tasks, education and transportation, direct care workers provide dignity and hope to vulnerable clients,” said Wage and Hour District Director George Victory, in Columbus, Ohio. “Unfortunately, we continue to find employers in the health care industry violating wage and overtime laws which denies these employees their rightful and hard-earned wages.”

The Wage and Hour Division 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 division offices. For more information on federal wage and hour laws, visit http://www.dol.gov/whd or call the division’s toll-free helpline at 866-4US-WAGE (487-9243) for more information.

WASHINGTON, DC – The U.S. Department of Labor today announced that the immediate end of its Payroll Audit Independent Determination program launched by the department’s Wage and Hour Division in 2018. The program allowed employers to self-report federal minimum wage and overtime violations under the Fair Labor Standards Act to avoid litigation, penalties or damages, and prohibited affected workers from taking any private action on the identified violations.

“Workers are entitled to every penny they have earned,” said Wage and Hour Division Principal Deputy Administrator Jessica Looman. “The Payroll Audit Independent Determination program deprived workers of their rights and put employers that play by the rules at a disadvantage. The U.S. Department of Labor will rigorously enforce the law, and we will use all the enforcement tools we have available.”

The division provides significant outreach and educational resources for employers seeking assistance to understand their responsibilities to comply with wage and hour laws. These resources are sufficient for helping employers comply without relieving them of their legal obligations, and ensure that workers understand their rights.

The Wage and Hour Division investigates FLSA violations to verify that employers comply with their obligations. When enforcement actions are necessary, the FLSA provides for the payment of back wages and liquidated damages to workers and the assessment of civil money penalties when the agency determines the violations to be repeat or willful. The FLSA also gives workers the right to pursue private legal action against employers for back wages and damages.

Employers and workers are encouraged to call a Wage and Hour Division office in their area for FLSA compliance assistance. Calls are confidential. Learn more about the FLSA and other federal wage laws by calling the division’s toll-free helpline at 866-4US-WAGE (487-9243).

WASHINGTON, DC – The U.S. Department of Labor today announced four opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter.

The opinion letters issued today are:

• FLSA2021-6: Addressing whether staffing firms that recruit, hire and place employees on assignments with clients may qualify as “retail or service establishments” for purposes of the Section 7(i) exemption from the FLSA’s overtime pay requirements;

• FLSA2021-7: Addressing whether certain local small-town and community news source journalists are creative professionals under Section 13(a)(1) of the FLSA;

• FLSA2021-8: Addressing whether certain distributors of a manufacturer’s food products are employees or independent contractors under the FLSA; and

• FLSA2021-9: Addressing whether requiring tractor-trailer truck drivers to implement safety measures required by law constitutes control by the motor carrier for purposes of their status as employees or independent contractors under the FLSA and whether certain owner-operators are classified properly as independent contractors.

“The Wage and Hour Division remains committed to providing clear guidance and compliance assistance to workers and employers,” said Wage and Hour Administrator Cheryl Stanton. “Moreover, publishing additional guidance on independent contractor status under the FLSA augments the Department’s recently finalized rule, providing further clarity for the American workforce.”

Those interested can search the Department’s website for existing opinion letters by keyword, year, topic and other filters. The Department also encourages the public to submit requests for opinion letters to WHD to obtain an opinion or to determine whether existing guidance already addresses their questions. The Division exercises its discretion in determining whether and how it will respond to each request.

With today’s release, the Wage and Hour Division has now issued 80 opinion letters since Jan. 20, 2017.

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 FMLA, 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.

WASHINGTON, DC – The U.S. Department of Labor today announced three opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter.

The opinion letters issued today are:

• FLSA2021-3: Addressing whether the operations of certain entities satisfy the “establishment” requirement under Section 13(a)(3) of the FLSA, and whether an accrual method of accounting may be used to satisfy the “Receipts Test” under Section 13(a)(3)(B).

• FLSA2021-4: Addressing whether a restaurant may institute a tip pool under the FLSA that includes both servers, for whom the employer takes a tip credit, as well as hosts and hostesses, for whom a tip credit is not taken.

• FLSA2021-5: Addressing the proper calculation of overtime pay under the FLSA when a tipped employee works as a server and bartender, and receives tips and amounts charged as automatic gratuities or service charges.

“The Wage and Hour Division remains committed to providing clear guidance and compliance assistance to workers and employers,” said Wage and Hour Administrator Cheryl Stanton. “Moreover, providing additional guidance on properly paying tipped employees augments the Department’s recently finalized rule, adding further clarity for workers and employers under these new requirements.”

Those interested can search the Department’s website for existing opinion letters by keyword, year, topic and other filters. The Department also encourages the public to submit requests for opinion letters to WHD to obtain an opinion or to determine whether existing guidance already addresses their questions. The Division exercises its discretion in determining whether and how it will respond to each request.

With today’s release, the Wage and Hour Division has now issued 76 opinion letters since Jan. 20, 2017.

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 FMLA, 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.

WASHINGTON, DC – The U.S. Department of Labor today announced a final rule that modernizes the H-2A Temporary Agricultural Labor Certification Program.  

Furthering the Trump Administration’s agenda to help American farmers, the Department’s Employment and Training Administration, and Wage and Hour Division are issuing this final rule in response to the extensive public comments received from farmers, farmworkers, as well as advocates and associations for both groups from across the country.

This rule will modernize the Department’s H-2A regulations in response to stakeholder concerns and enhance employer access to a legal source of agricultural labor, while maintaining the program’s protections for the U.S. workforce and enhancing enforcement against fraud and abuse.  

“This final rule will streamline and simplify the H-2A application process, strengthen protections for U.S. and foreign workers, and ease unnecessary burdens on employers,” said Assistant Secretary for Employment and Training John Pallasch. “It is a victory for farmers, agricultural workers, and the American people, who rely on a vibrant agricultural sector to supply food for our families.”

The rule mandates electronic filing of job orders and applications, bringing the H-2A application process into the digital era and harnessing the power of electronic filing through the Foreign Labor Application Gateway system to share information with federal agencies like the Department of Homeland Security, and with State Workforce Systems and domestic farmworkers.

It also provides small employers that cannot offer full-time work for their H-2A employees with an opportunity to participate in the H-2A program by establishing new standards that permit individual employers possessing the same need for agricultural services or labor to file a single application and job order to employ workers jointly in full-time employment.

Additionally, the rule will provide additional flexibilities that will reduce unnecessary burdens on the agricultural employers that use the program. These flexibilities include the ability to stagger the entry of workers into the country over a 120-day period, allowing agricultural employers the flexibility to file a single application for different start dates of need within a certified employment period instead of multiple applications. 

The rule will strengthen protections for U.S. and foreign workers by enhancing standards applicable to rental housing and public accommodations, strengthening surety bond requirements, and expanding the Department’s authority to use enforcement tools like program debarment for substantial violations of program rules.

Learn more about H-2A Temporary Agricultural Labor Certification Program. The Department will publish the final rule in the Federal Register at a later date. Read the final rule.

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.

NEW SMYRNA BEACH, FL – After an investigation, the U.S. Department of Labor’s Wage and Hour Division (WHD) assessed S&S Apiaries LLC – a New Smyrna, Florida-based beekeeper – a $6,357 civil money penalty and found the employer owed $4,130 in back wages to three employees for violating the labor provisions of the H-2A guest worker visa program.

WHD investigators found the employer violated the requirements of the H-2A visa program by failing to disclose the actual terms and conditions of the job when applying to employ guest workers. In its petition to participate in the program, the employer stated that employees would work 38 available hours per week, but in the performance of the actual work, employees worked more than 50 hours per workweek. The employer also failed to provide a copy of the work contract to the employees and to display an H-2A poster at the job site or warehouse, as required. In addition, WHD found back wages due when S&S Apiaries failed to pay employees for any hours they worked beyond 50 in a workweek.

“Agricultural employers that bring in temporary guest workers on H-2A visas must comply with all the program’s requirements, including accurately advertising the terms and conditions of the job,” said Wage and Hour Division District Director Wildalí De Jesús in Orlando, Florida. “Failure to properly disclose the accurate number of potential work hours may discourage qualified U.S. applicants from applying to the position. We offer a wealth of compliance information readily available to assist employers in understanding their obligations under the law.”

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 a compliance assistance toolkit for agriculture employers, online videos and confidential calls to local WHD offices.

For more information about the H-2A visa program 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 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.

FORT LAUDERDALE, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Classy Beauty Supply Inc. – based in Fort Lauderdale, Florida – will pay $53,841 in back wages to 10 employees to resolve minimum wage and overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators found the employer – which operates as Classy Girl Beauty Supply – violated overtime requirements when it paid some employees for their first 40 hours each workweek on the payroll, but paid for additional hours in cash, at straight time rates, failing to pay overtime at time-and-one-half workers’ regular rates of pay. Additional overtime violations occurred when the employer paid other employees unrecorded cash for all of their hours, including overtime hours, at straight time rates.

“Employers must pay their employees all of the wages they have earned for all of the hours they have worked, including overtime when they work beyond 40 hours in a workweek,” said Wage and Hour Division Acting District Director Lesbia Rodriguez in Miami, Florida. “The U.S. Department of Labor will continue working to level the playing field for employers who play by the rules. 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.

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 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.

NEW ORLEANS, LA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Classic Air Charter LLC – a federal contractor based in Melbourne, Florida – has paid $141,047 in back wages to employees in Louisiana to resolve violations of the McNamara-O’Hara Service Contract Act (SCA) and the Contract Work Hours and Safety Standards Act (CWHSSA).

WHD investigators found Classic Air Charter LLC received a federal contract with the U.S. Immigration and Customs Enforcement (ICE) but failed to include SCA wage requirements in its contract with its subcontractor.  The subcontractor then failed to pay required prevailing wages and fringe benefits to employees providing security services on the contract. Paying rates below those required by the SCA further resulted in the subcontractor paying overtime at rates below those required by law. As the prime contractor on this contract, Classic Air was liable for all the back wages due to employees of the subcontractor.

ICE awarded Classic Air Charter the contract for detainee security services on flights from several U.S. airports.

“Employers who provide services to the federal government must ensure their subcontractors have the information they need to comply with the law,” said Wage and Hour Division District Director Troy Mouton in New Orleans, Louisiana. “When a contractor fails to communicate contractual requirements to its subcontractors, they increase the risk of violating the law and that workers will not receive the pay and benefits they have earned.  Government contractors are welcome to contact any WHD office for additional information on how to comply with the Service Contract Act.”

The McNamara-O’Hara Service Contract Act requires contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality, or the rates, including prospective increases, contained in a predecessor contractor's collective bargaining agreement.

The Contract Work Hours and Safety Standards Act (CWHSSA) requires contractors and subcontractors to pay covered workers employed in the performance of covered contracts one and one-half times their basic rate of pay for all hours worked over 40 in a workweek.

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.

For more information about the SCA and other laws enforced by the Wage and Hour Division, contact the division's toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at http://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by 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 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.

WASHINGTON, DC – The U.S. Department of Labor today announced two opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter.

The opinion letters issued today are:

• FLSA2021-1: Addressing whether account managers at a life science products manufacturer qualify for the administrative employee exemption under the FLSA.
• FLSA2021-2: Addressing whether the ministerial exception allows a private religious daycare and preschool to pay its teachers on a salary basis that would not otherwise conform with the requirements of the FLSA.

“The opinion letters the Wage and Hour Division issued today demonstrate our longstanding commitment to providing clear guidance and compliance assistance to workers and employers,” said Wage and Hour Administrator Cheryl Stanton. “The Division continues to provide clarity to ensure workers are paid all the wages they have legally earned, and that employers compete on a level playing field.”

Those interested can search the Department’s website for existing opinion letters by keyword, year, topic and other filters. The Department also encourages the public to submit requests for opinion letters to WHD to obtain an opinion or to determine whether existing guidance already addresses their questions. The Division exercises its discretion in determining whether and how it will respond to each request.

With today’s release, the Wage and Hour Division has now issued 73 opinion letters since Jan. 20, 2017.

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 FMLA, 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.

WASHINGTON, DC – The U.S. Department of Labor today announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA).

“This rule brings long-needed clarity for American workers and employers,” said U.S. Secretary of Labor Eugene Scalia. “Sharpening the test to determine who is an independent contractor under the Fair Labor Standards Act makes it easier to identify employees covered by the Act, while recognizing and respecting the entrepreneurial spirit of workers who choose to pursue the freedom associated with being an independent contractor.”

“Streamlining and clarifying the test to identify independent contractors will reduce worker misclassification, reduce litigation, increase efficiency, and increase job satisfaction and flexibility,” said Wage and Hour Division Administrator Cheryl Stanton. “The rule we announced today continues our work to simplify the compliance landscape for businesses and to improve conditions for workers. The real-life examples included in the rule provide even greater clarity for the workforce.”

The Final Rule includes the following clarifications:

• Reaffirms an “economic reality” test to determine whether an individual is in business for him or herself (independent contractor) or is economically dependent on a potential employer for work (FLSA employee). 
• Identifies and explains two “core factors” that are most probative to the question of whether a worker is economically dependent on someone else’s business or is in business for him or herself:
  • The nature and degree of control over the work.
  • The worker’s opportunity for profit or loss based on initiative and/or investment.

• Identifies three other factors that may serve as additional guideposts in the analysis, particularly when the two core factors do not point to the same classification. The factors are:
  • The amount of skill required for the work.
  • The degree of permanence of the working relationship between the worker and the potential employer.
  • Whether the work is part of an integrated unit of production.

• The actual practice of the worker and the potential employer is more relevant than what may be contractually or theoretically possible.
• Provides six fact-specific examples applying the factors.

The rule will take effect 60 days after publication on the Federal Register, on March 8, 2021.  

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 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.