ORION TWP., MI – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Carrie Lee’s Orion Restaurant – based in Orion Township, Michigan – has paid $37,177 in overtime back wages to six kitchen staff employees.

Investigators found the employer violated the Fair Labor Standards Act (FLSA) by paying kitchen employees flat monthly salaries – partially on payroll and partially in cash – regardless of the number of hours that they worked. By doing so, the employer failed to pay overtime when employees worked more than 40 hours in a workweek. Investigators also found Carrie Lee's Orion failed to maintain a record of the number of hours employees worked, or of payments made to employees in cash.

“Employers must accurately pay employees for all the hours that they work, pay overtime for hours over 40 in a workweek to eligible employees and maintain records as required by the law,” said Wage and Hour Division District Director Timolin Mitchell in Detroit. “Other employers should use the results of this investigation as an opportunity to review their own pay practices to ensure they comply with the law. We encourage all employers to contact the Wage and Hour Division to fully understand their responsibilities and 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 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.

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OMAHA, NE – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), United Holdings Group LLC – operating as Pitch Pizzeria and based in Omaha, Nebraska – has paid 55 employees a total of $93,304 in back wages to resolve violations of the overtime requirements of the Fair Labor Standards Act (FLSA). The employer also paid a penalty of $2,049 for violating the child labor provisions of the FLSA.

The WHD investigation found violations at Pitch Pizzeria locations in Omaha, Nebraska, and Scottsdale, Arizona. Specifically, the company violated overtime requirements by failing to include employee bonuses in the calculation when determining workers’ overtime rates. Basing overtime on hourly rates alone and excluding bonuses resulted in the employer paying overtime at rates lower than those required by law. Additionally, Pitch Pizzeria failed to combine hours that employees worked across multiple locations in the same workweek when determining whether overtime was due. By doing so, the employer failed to pay overtime when workers’ combined hours totaled more than 40 in a workweek. The employer also violated overtime requirements for tipped workers when they based overtime rates on the employees’ direct cash wages, rather than on the full minimum wage.

Additionally, the company violated child labor requirements by employing 15-year-olds to work past 7 p.m. and more than three hours on school days, and violated FLSA recordkeeping requirements when it failed to maintain records of all the hours employees worked.

“The Wage and Hour Division works to ensure compliance with federal labor laws so that every employer is competing on a level playing field and every employee receives the wages they have legally earned. The Department takes the enforcement of child labor laws seriously and reminds employers of the importance of understanding and complying with those requirements,” said Wage and Hour District Director Marcy Boldman, in Des Moines, Iowa. “We encourage all employers to reach out to us and to use the wide variety of tools we offer to understand their responsibilities and ensure that their labor practices comply with federal 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 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 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.

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LABELLE, FL – The U.S. Department of Labor’s Wage and Hour Division (WHD) has debarred Flo-Ag LLC – a farm labor contracting company based in Labelle, Florida – and its principals Jose Flores and Juan Flores from applying for certification to request temporary foreign workers under the H-2A agricultural worker visa program for two years.

WHD also assessed Flo-Ag LLC, Jose Flores and Juan Flores a $17,939 civil penalty for violating the labor provisions of the H-2A visa program and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), and found that the employer owed $45,212 in back wages to 113 employees.

WHD investigators found Flo-Ag and H-2A labor contractors Juan and Jose Flores violated wage requirements when they paid lower wages to U.S. workers than they paid to guest workers performing the same work. They violated housing requirements when they failed to provide free housing to U.S. workers but did so for guest workers, and failed to provide meals or kitchen facilities to U.S. workers. Flo-Ag also violated safety and health standards in the housing it provided to guest workers, and failed to reimburse them for expenses they incurred traveling to the facility from their home countries, as the law requires.

WHD also found Flo-Ag paid some U.S. workers in cash and did not provide a pay stub, failed to provide a work contract to some employees, and housed migrant workers without the proper authorization.

“Employers must ensure that they comply with all requirements while participating in the H-2A visa program. Employers or their contractors that violate the H-2A visa program’s provisions gain unfair advantage over other H-2A employers, hurt U.S. workers and put guest workers at risk,” said Wage and Hour Division District Director Wildalí De Jesús, in Orlando, Florida. “The Wage and Hour Division provides many tools and educational opportunities to help agricultural employers understand their responsibilities, including those that apply when they use guest worker programs. We remain committed to protecting essential farmworkers, holding accountable employers who violate the law, and maintaining a level playing field for employers.”

Flo-Ag has paid the back wages. The employer provided H-2A workers to harvest blueberries, watermelons, bell peppers and cucumbers at Smith Farms of Bell Inc. in Trenton, Florida, and Wood Farms Inc. in Rochelle, Georgia.

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 MSPA, 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). 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.

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:

• FLSA2020-17: Addressing whether the regular rate of pay of an employee who is paid on a piece-rate basis may be calculated by dividing total earnings by the number of productive and nonproductive hours worked during the workweek in the absence of a specific agreement with the employee to use such calculation.
• FLSA2020-18: Addressing whether insect farming qualifies as “agriculture” under Section 3(f) of the FLSA and whether certain workers employed by an insect farming operation may be exempt from overtime pay requirements under Section 13(b)(12).

“The opinion letters issued today demonstrate the Wage and Hour Division’s commitment to providing clear guidance and compliance assistance to workers and employers,” said Wage and Hour Division Administrator Cheryl Stanton. “As the economy continues to recover, it may be more important than ever that we 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 69 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 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 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.

BOISE, ID – Después de una investigación del Departamento de Trabajo de EE.UU., un productor agrícola y transportista de patatas de American Falls, Idaho pagará $ 68.848 en salarios atrasados a 66 trabajadores para resolver violaciones de la Ley de Normas Laborales Justas (FLSA), disposiciones laborales del programa H-2 de trabajadores agrícolas temporales, y la Ley para la Protección de Trabajadores Agrícolas Migratorios y de Temporada (MSPA).

Los propietarios de Lance Funk Farms y de Great Rift Transportation también pagarán $6.534 en multas civiles por las violaciones.

Investigadores de la División de Horas y Salarios (WHD) del Departamento descubrieron que Great Rift Transportation no pagó sobretiempo cuando los empleados trabajaban más de 40 en una semana laboral, resultando en $30.961 en salarios adeudados a 19 empleados. El empleador pagaba tarifas regulares por esas horas extra.

Lance Funk Farms no pagó a los trabajadores locales la misma tarifa que a los trabajadores de México y Sudáfrica bajo visa H-2A que realizaban el mismo trabajo. Para proteger los trabajos de empleados locales, la ley requiere que a estos trabajadores locales con empleos similares se les pague al menos lo mismo que a los migrantes. El no hacerlo resultó en $32.016 en salarios atrasados para 25 empleados.

La empresa tampoco reembolsó a los trabajadores mexicanos los gastos en los que incurrieron al viajar al lugar del empleador desde su país de origen, como la ley requiere, lo que implicó en el pago de $4.160 adeudados a 16 empleados. Además, el empleador no reembolsó a los trabajadores sudafricanos los costos de su visa bajo el programa H-2A, resultando en el pago de $1.710 adeudados a seis empleados. Finalmente, Lance Funk Farms no reveló los términos y condiciones de empleo a los empleados ni proporcionó las cláusulas de salario requeridas.

“La División de Horas y Salarios ofrece muchas herramientas y oportunidades educativas para ayudar a los empleadores agrícolas a comprender sus responsabilidades, incluidas aquellas que se aplican cuando solicitan trabajadores bajo programas de trabajadores migrantes”, dijo Thomas Silva, Director Distrital de la División de Horas y Salarios en Portland, Oregón. “Los empleadores que violan las leyes laborales agrícolas crean ventajas injustas sobre otros empleadores, perjudican a los trabajadores estadounidenses, y ponen en riesgo a los trabajadores del exterior. La División de Horas y Salarios mantiene su compromiso de proteger a los trabajadores agrícolas, responsabilizando a los empleadores que violan la ley y manteniendo la igualdad de condiciones para los empleadores”.

Lance & Lisa Funk Partnership – que opera como Lance Funk Farms, cultiva papas, remolacha azucarera, trigo, maíz, mostaza y girasoles en aproximadamente 25,000 acres. El empleador también es propietario de Great Rift Transportation LLC, que transporta patatas para otros productores.   

Para más información de la FLSA, MSPA, el programa H2A y otras leyes de la División de Horas y Salarios,  contactar a la línea gratuita de asistencia al 866-4US-WAGE (487-9243). Los empleadores que descubren violaciones de horas extra o salario mínimo pueden reportarlas ellos mismos y resolverlas sin incurrir en litigios a través del programa PAID. También hay información disponible en https://www.dol.gov/agencies/whd.

La misión de la WHD es fomentar y lograr el cumplimiento de las normas laborales a fin de proteger y mejorar el bienestar de la mano de obra a nivel nacional. La WHD hace cumplir los requisitos de la Ley de Normas Justas de Trabajo sobre salario mínimo federal, pago de horas extras, registros del personal y trabajo de menores. La WHD también hace cumplir la Ley para la Protección de Trabajadores Agrícolas Migratorios y de Temporada (Migrant and Seasonal Agricultural Worker Protection Act), la Ley para la Protección del Empleado contra la Prueba del Polígrafo (Employee Polygraph Protection Act), la Ley de Ausencia Familiar y Médica (Family and Medical Leave Act), las disposiciones sobre embargo del salario de la Ley de Protección de Crédito al Consumidor (Consumer Credit Protection Act) y diversas normas laborales y protecciones para los trabajadores conforme a lo dispuesto en diferentes estatutos relacionados con la inmigración. Además, la WHD administra y hace cumplir los requisitos vigentes en materia de salario de la Ley Davis-Bacon, la Ley de Contrato por Servicios (Service Contract Act) y otros estatutos que se aplican a los contratos federales para la construcción y la prestación de bienes y servicios.

La misión del Departamento de Trabajo es fomentar, promover y desarrollar el bienestar de los asalariados, los solicitantes de empleo y los jubilados de Estados Unidos; mejorar las condiciones de trabajo; mejorar las oportunidades de empleo rentable; y asegurar los beneficios y los derechos relacionados con el trabajo.

Read this news release in English.

TAMPA, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Jenergy Air Services, LLC – a heating, ventilation and air conditioning company based in Seminole, Florida –   has paid $10,125 in back wages to 10 employees to settle overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators found Jenergy Air Services, LLC paid workers overtime when they worked more than 80 hours in a two-week period, instead of for hours worked beyond 40 in one week, as the law requires. Jenergy also deducted meal breaks from workers’ timecards automatically, regardless of whether employees had actually taken those breaks. This practice resulted in violations when employees worked through breaks, but the employer failed to record or pay for those hours as work time.

“Employers must ensure they pay their workers the wages they have rightfully earned as federal law requires,” said Wage and Hour Division District Director Nicolas Ratmiroff, in Tampa, Florida. “We encourage all employers to reach out to 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.

SANFORD, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Trinity Technology Group Inc. – a federal contractor based in Manassas, Virginia – has paid $24,823 in back wages to 102 employees to resolve violations of the McNamara-O’Hara Service Contract Act (SCA) for work performed at the Orlando/Sanford International Airport in Sanford, Florida.

WHD investigators determined Trinity Technology failed to pay required health and welfare benefits to security screening personnel performing work on a contract with the Transportation Security Administration, as required by the SCA. 

“The U.S. Department of Labor is dedicated to ensuring employers pay workers all the wages they have legally earned. Contractors and subcontractors awarded contracts to provide services to the federal government must comply with all wage requirements under those contracts,” said Wage and Hour Division District Director Wildalí De Jesús, in Orlando, Florida. “We encourage all employers to contact us with any questions they may have, and to review their pay practices to avoid violations like those found in this case.”

The SCA requires contractors and subcontractors performing services on contracts in excess of $2,500 to pay service employees in various categories 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 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, SCA and other laws enforced by the WHD, 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 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.

GLENMORA, LA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Lagniappe Porta Johns LLC – based in Glenmora, Louisiana – has paid $28,579 in back wages to four employees to resolve violations of the prevailing wage requirements of the Service Contract Act (SCA) and the Contract Work Hours and Safety Standards Act (CWHSSA).

WHD investigators determined that the company failed to pay required prevailing wage rates and overtime to employees performing work on its service contract at the U.S. Army installation at Fort Polk, near Leesville, Louisiana. The contractor paid the workers hourly wages below those required by the SCA for both their straight-time and overtime hours. Lagniappe Porta Johns provides portable chemical latrines and services to Fort Polk.

 “Companies providing services for the federal government are required to comply with all obligations specified in their contract with the government,” said Wage and Hour District Director Troy Mouton, in New Orleans, Louisiana. “This investigation demonstrates the department’s commitment to ensuring that employees are paid the wages they have rightfully earned and to leveling the playing field among all employers who do business with the government. We invite government contractors and all employers to use the wide variety of tools we provide to explain employers’ obligations, and to call us confidentially with any questions about their responsibilities.”

The SCA requires contractors and subcontractors performing services on contracts in excess of $2,500 to pay service employees in various categories 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.

For more information about the SCA, CWHSSA and other laws enforced by the division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/agencies/whd including a search tool for workers who may be owed back wages collected by the division.

SCHLATER, MS – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Tackett Fish Farms LLC – based in Schlater, Mississippi – has paid $30,963 in back wages to 38 employees for violating the labor provisions of the Immigration and Nationality Act’s H-2A visa program. 

WHD determined that the fish farm failed to reimburse H-2A workers for expenses they incurred while traveling to the employer’s location from their home countries, as required by law. WHD also found the employer failed to include some required information on employees’ earning statements.

“Agricultural employers that bring in temporary guest workers on H-2A visas must comply with all the program’s requirements,” said Wage and Hour Division Regional Administrator Juan Coria, in Atlanta, Georgia. “Our work continues to safeguard American jobs and hold employers that violate the law accountable. We offer a wealth of compliance information readily available to assist employers and farm labor contractors in understanding their obligations under the law.”

For more information about the H-2A 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 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.

FORT MYERS, FL – S & O Groceries Inc. – operating as Bravo Supermarket in Fort Myers, Florida – has paid $13,781 in back wages to two employees after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found overtime violations of the Fair Labor Standards Act (FLSA). The Department also assessed the grocery store a civil penalty of $806 for the repeat nature of the violations.

WHD investigators determined S & O Groceries Inc. paid two store clerks flat salaries, regardless of the number of hours they worked. This practice resulted in violations when those employees worked more than 40 hours in a workweek without the employer paying them overtime. WHD found the same violation in a 2017 investigation of this employer.

“Employers must pay their workers all the wages they have legally earned. Simply paying an employee a salary does not necessarily mean they are not still entitled to overtime,” said Wage and Hour Division District Director Nicolas Ratmiroff, in Tampa, Florida. “Employees paid on salary basis are also entitled to overtime pay unless they meet all the requirements of a specific exemption. We encourage all employers to reach out to us for assistance in complying with federal wage laws. Violations like those found in this case can be avoided.”

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.