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

Tampa, Florida, Restaurant Pays $70,575 in Back Wages After U.S. Department of Labor Investigation Uncovers Wage Violations

News Release

Tampa, Florida, Restaurant Pays $70,575 in Back Wages After U.S. Department of Labor Investigation Uncovers Wage Violations

TAMPA, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Brewland Development LLC – a Tampa, Florida, restaurant – has paid $70,575 in back wages to 36 employees to resolve minimum wage and overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators found Brewland Development LLC – operating as Tampa Bay Brewing Co. – violated the FLSA when the employer illegally included managers in the restaurant’s tip sharing arrangement. By doing so, the employer was ineligible to take credit for servers’ tips toward employees’ wages and required to make retroactive payment of the full federal minimum wage to those workers. Brewland Development also incorrectly classified one manager as exempt from overtime, when the worker did not meet the legal requirements for an exemption. By doing so, the employer failed to pay overtime when the employee worked more than 40 hours in a workweek.

“The Fair Labor Standards Act permits the employers of certain tipped employees to use those tips as a credit towards the employee’s wages. Employers may use this “tip credit” only if they meet all the legal requirements,” said Wage and Hour Division District Director Nicolas Ratmiroff, in Tampa, Florida. “Our goal is to ensure that employers have all the information they need to understand their responsibilities and comply with the law. We encourage employers or workers with questions to call our offices and speak confidentially with a trained wage and hour professional.”

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 8, 2020
Release Number
20-2125-ATL
Media Contact: Eric R. Lucero
Phone Number
Share This

Lakeland, Florida, Painting Company Pays $55,439 in Back Wages After U.S. Department of Labor Investigation Finds Overtime Violations

News Release

Lakeland, Florida, Painting Company Pays $55,439 in Back Wages After U.S. Department of Labor Investigation Finds Overtime Violations

LAKELAND, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Universal Painting Corp. – a painting company based in Lakeland, Florida – has paid $55,439 in back wages to 71 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators found Universal Painting Corp. failed to pay employees for all the hours that they worked. Rather than recording the hours workers spent traveling between job sites, the employer instead paid flat rates for this time and failed to count those hours when determining when overtime was due. This practice led to violations when employees worked more than 40 hours in a week, but excluding their travel time from the total resulted in the employer failing to recognize and pay overtime. Universal’s failure to record the number of hours employees worked accurately also resulted in a recordkeeping violation under the FLSA.

“Employers must ensure they accurately track and pay for all the hours employees work,” said Wage and Hour Division District Director Nicolas Ratmiroff, in Tampa, Florida. “The outcome of this investigation serves as a reminder to all employers to review their pay practices to confirm that workers are being paid as the law prescribes and that we will continue to work to level the playing field for employers who play by the rules.”

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 7, 2020
Release Number
20-1922-ATL
Media Contact: Eric R. Lucero
Phone Number
Share This

U.S. Department of Labor Recovers $33,492 in Back Wages For Louisiana Concrete Construction and Demolition Employees

News Release

U.S. Department of Labor Recovers $33,492 in Back Wages For Louisiana Concrete Construction and Demolition Employees

ZACHARY, LA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), A&B Concrete Coring Inc. – doing business as A&B Concrete Coring Co. – has paid $33,492 in back wages to six employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found A&B Concrete Coring Co., a concrete construction and demolition company, illegally reduced the number of work hours recorded on employee timesheets by one hour per day. By doing so, the employer failed to pay shop employees for all of the hours they had worked, triggering overtime violations in workweeks greater than 40 hours. The inaccurate nature of the time records, which also included the employer’s failure to record break times accurately, violated FLSA recordkeeping requirements. The violations occurred at the employer’s Zachary, Louisiana, headquarters.

“Employers must pay employees for every hour that they work,” said Wage and Hour Division District Director Troy Mouton in New Orleans. “Companies must ensure their timekeeping systems are accurate. Failing to record work hours accurately often leads to minimum wage or overtime violations that employers could avoid. Employers who have questions should contact their nearest Wage and Hour Division office to learn more about these requirements.”

If you think you may be owed back wages you can visit the Workers Owed Wages page to search WHD’s database of wages waiting to be claimed from previous investigations.

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 7, 2020
Release Number
20-2092-dal
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
Share This
Subscribe to Wages