Palm Bay Electrical Contractor to Pay $19,642 in Back Wages After U.S. Department of Labor Finds Overtime Violations

News Release

Palm Bay Electrical Contractor to Pay $19,642 in Back Wages After U.S. Department of Labor Finds Overtime Violations

PALM BAY, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Cornelius Electrical Contractors Inc. – based in Palm Bay, Florida – will pay $19,642 in back wages to 13 employees after violating overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators determined that the electrical contractor failed to record and pay as work time the hours employees spent driving between work sites. That unpaid travel time resulted in overtime violations when workweeks exceeded 40 hours. Cornelius Electrical further violated FLSA overtime requirements when it failed to include incentive pay in the calculation of workers’ overtime rates, instead basing their time and one-half rates only on their hourly base rates. This exclusion resulted in the employer paying for overtime hours at rates lower than those required by law. Recordkeeping violations resulted from the employer’s failure to record travel time as hours worked.

“The U.S. Department of Labor continues to ensure that employees are paid all the wages they have legally earned for every hour they work. Travel time between job sites during the work day must be counted as work time,” said Wage and Hour Division District Director Wildalí De Jesús, in Orlando, Florida. “We encourage other employers to use this investigation as an opportunity to review their own pay practices, ensure they comply, and avoid violations like those in this case.”

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos 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 Division’s 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 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
November 12, 2020
Release Number
20-1886-ATL
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Recovers $541,026 for Employees of Miami-Area Aviation Engine Repair Companies Following Missed Payrolls

News Release

U.S. Department of Labor Recovers $541,026 for Employees of Miami-Area Aviation Engine Repair Companies Following Missed Payrolls

MIAMI, FL After investigations by the U.S. Department of Labor’s Wage and Hour Division (WHD), two Miami, Florida-area aviation engine repair and service companies have paid $541,026 in wages to 134 employees after the investigations found minimum wage and overtime violations of the Fair Labor Standards Act (FLSA).

The WHD investigations found Turbine Engine Center Inc., located in Medley, Florida, and Miami NDT Engine Services LLC, located in Doral, Florida, violated the FLSA when they both missed payroll, resulting in minimum wage and overtime violations. To resolve the violations, Turbine Engine Center paid $299,625 in wages to 76 employees and Miami NDT Engine Services paid $241,401 in wages to 58 employees.

“Employers are obligated to comply with the requirements of the Fair Labor Standards Act and pay their employees all of the wages they have earned for all of the hours they have worked, no later than their regularly scheduled payday,” said Wage and Hour Division District Director Tony Pham, in Miami, Florida. “The U.S. Department of Labor will continue working to level the playing field for employers who 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
November 10, 2020
Release Number
20-1914-ATL
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Announces up to $5 Million in Disaster Recovery Funding for Florida in Response to Hurricane Sally

News Release

U.S. Department of Labor Announces up to $5 Million in Disaster Recovery Funding for Florida in Response to Hurricane Sally

WASHINGTON, DC – The U.S. Department of Labor today announced a Disaster Recovery National Dislocated Worker Grant for up to $5,000,000, awarded to the Florida Department of Economic Opportunity, in response to Hurricane Sally. 

On Sept. 16, 2020, Hurricane Sally made landfall in the Florida Panhandle as a Category 2 hurricane. An initial award of $1,666,667 will create disaster-relief jobs to address debris cleanup and the delivery of humanitarian assistance to those affected by the storm. The project’s recovery efforts will cover all 13 counties included in the associated emergency declaration issued by the Federal Emergency Management Agency on Sept. 15, 2020 are Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Okaloosa, Santa Rosa, Walton and Washington. 

Supported by the Workforce Innovation and Opportunity Act of 2014, National Dislocated Worker Grants temporarily expand the service capacity of dislocated worker training and employment programs at the state and local levels by providing funding assistance in response to large, unexpected economic events that cause significant job losses.

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
Employment and Training Administration
Date
November 5, 2020
Release Number
20-236-NAT
Media Contact: Eric Holland
Phone Number
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Deloitte Services LP Agrees to Pay $275,000 to Resolve Alleged Wage Discrimination Found in Federal Contractor Compliance Review

News Release

Deloitte Services LP Agrees to Pay $275,000 to Resolve Alleged Wage Discrimination Found in Federal Contractor Compliance Review

HERMITAGE, TN After a routine compliance review by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), Deloitte Services LP will pay $275,000 in back pay and interest to 34 female employees to resolve allegations of wage discrimination at its worksite in Tennessee.

Deloitte Services LP provides internal support to Deloitte LLP, a nationwide provider of audit, consulting, tax and advisory services. The internal support for large-scale federal contracts includes market development, sales, security, finance, and accounting along with technology and administrative services.

During the review, OFCCP found that Deloitte Services LP discriminated when it paid female employees in technology services in Hermitage, Tennessee, less than their male counterparts. OFCCP also found that the federal contractor failed to adequately evaluate female placement rates into certain positions within the Market Development function at its Atlanta, Georgia, location and the Workplace Services function at its Hermitage, Tennessee, location.

“The U.S. Department of Labor is committed to combating pay discrimination and ensuring fair compensation of all employees,” said Office of Federal Contract Compliance Programs Deputy Director Patricia Davidson, in Washington, D.C. “Deloitte Services LP is working cooperatively with the Department to resolve these matters and to prevent similar issues from happening again.”

Deloitte Services LP will pay back pay and interest to 34 female employees in technology services, ensure that its compensation policies and pay procedures are free from discrimination, and provide training to all managers, supervisors and other company officials who oversee pay decisions in the Tennessee and Georgia locations. The contractor denies the allegations.

If you think you may be one of the applicants eligible for back pay from this settlement, or may know someone who is, please visit the OFCCP Class Member Locator for information about this, and other OFCCP settlements.

OFCCP enforces Executive Order 11246Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

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
Office of Federal Contract Compliance Programs
Date
November 5, 2020
Release Number
20-1780-ATL
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Issues Two Wage and Hour Opinion Letters

News Release

U.S. Department of Labor Issues Two Wage and Hour Opinion Letters

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:

  • FLSA2020-15: Addressing the compensability of time that employees spend attending voluntary training programs in certain situations.
  • FLSA2020-16: Addressing compensability of employee travel time in certain situations involving construction sites located away from the employer’s principal place of business.

“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 Administrator Cheryl Stanton. “As the workforce continues to reopen, it remains important 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 discretion in determining whether and how it will respond to each request.

With today’s release, the Wage and Hour Division has now issued 67 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.

Agency
Wage and Hour Division
Date
November 3, 2020
Release Number
20-2050-NAT
Media Contact: Megan Sweeney
Phone Number
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Court Orders New Hampshire Flooring Company to Pay $250,000 in Back Wages And Damages After U.S. Department of Labor Investigation, Litigation

News Release

Court Orders New Hampshire Flooring Company to Pay $250,000 in Back Wages And Damages After U.S. Department of Labor Investigation, Litigation

MANCHESTER, NH – The U.S. District Court for the District of New Hampshire has ordered C & C Flooring LLC and owner Christopher Coburn to pay 33 current and former employees a total of $240,000 in back wages and liquidated damages and $10,000 in punitive damages, to resolve violations of the overtime and anti-retaliation provisions of the Fair Labor Standards Act (FLSA). The defendants have also paid a civil money penalty of $13,688 for the willful nature of the violations.

The consent judgment and order follows a U.S. Department of Labor Wage and Hour Division (WHD) investigation and litigation by the Department’s Office of the Solicitor. WHD investigators found that the Manchester, New Hampshire, retailer and installer of business and residential flooring paid employees at straight-time rates, in unrecorded cash, when they worked more than 40 hours per work week instead of paying for overtime hours at time and one-half the employees’ regular rates of pay, as the law requires. The employer also “banked” some overtime hours, paying them out in later workweeks at straight-time rates. The defendants also failed to maintain accurate time records, and retaliated against employees by asking them to provide false information to WHD.

In addition to the back wages and damages, the judgment requires the defendants to:

  • Rehire any workers covered by this case before hiring others, unless they can substantiate that the individuals were terminated for cause;
  • Provide current and future employees with notice of their FLSA rights and WHD fact sheets;
  • Train supervisors and payroll personnel annually on compliance with the FLSA;
  • Supervise an annual FLSA compliance audit to be reviewed and approved by a lawyer or Certified Public Accountant with FLSA expertise; and
  • Agree to a writ of execution so the Department may petition the court unopposed to have the U.S. Marshals Service seize the defendants’ property if they fail to comply with the monetary terms of the judgment.

The judgment also prohibits the defendants from giving raises in compensation to Chris Coburn or his wife, who is a company employee, and further restrains the defendants from transferring or encumbering their assets and property in specific ways.

“Employers must understand their responsibility to pay overtime, keep accurate records and refrain from retaliation against workers who exercise their legal rights. In this case, the workers will receive their back pay and damages, including punitive damages, and the employer has also paid a significant monetary penalty for the willful violations,” said Wage and Hour Division District Director Daniel Cronin, in Manchester, New Hampshire. “We encourage employers to use the wide variety of compliance tools we offer to explain those requirements, and to contact us for guidance.”

“This case and its resolution send the strong message that the U.S. Department of Labor will take all necessary legal actions to ensure that workers receive the wages they have earned and are free from retaliation for exercising their rights,” said Regional Solicitor of Labor Maia Fisher in Boston, Massachusetts.

Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. For more information about the FLSA and other laws enforced by the Division, contact its toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at https://www.dol.gov/agencies/whd including a search tool to use if you think you may be owed back wages collected by the Division.

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.

Scalia v. C & C Flooring, LLC d/b/a C & C Flooring, and Christopher Coburn.

Civil Action Number:  19-cv-00629-JL.

Agency
Wage and Hour Division
Date
October 28, 2020
Release Number
20-1762-BOS
Media Contact: James C. Lally
Phone Number
Media Contact: Ted Fitzgerald
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California Flooring Contractor to Pay $150,505 in Back Wages and Penalties For Overtime Violations Found by U.S. Department of Labor

News Release

California Flooring Contractor to Pay $150,505 in Back Wages and Penalties For Overtime Violations Found by U.S. Department of Labor

WEST COVINA, CA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Genesis Floor Covering Inc. – a flooring contractor in Santa Fe Springs, California – will pay $99,624 to 73 employees for violations of the Fair Labor Standards Act’s (FLSA) overtime requirements. The employer will also pay $50,881 in penalties assessed due to the willful nature of the violations.

The investigation found Genesis Floor Covering Inc. failed to pay employees for all of their overtime hours at time and a half their regular hourly rates. Instead, the employer paid for workers’ first 10 hours of overtime at time and a half, but paid for any additional overtime hours in cash, at straight time, off the books. The lack of accurate records reflecting the cash payments also resulted in FLSA recordkeeping violations.

“The U.S. Department of Labor is committed to ensuring that employers pay workers all the wages they have legally earned,” said Wage and Hour Assistant District Director Gayane Aleksanian in West Covina, California. “Our work also levels the playing field for employers that play by the rules. We encourage other employers to review their own pay practices to ensure they comply with the law, and avoid overtime violations like those found in this case.” 

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

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

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. 

Agency
Wage and Hour Division
Date
October 19, 2020
Release Number
20-1670-SAN
Media Contact: Leo Kay
Phone Number
Media Contact: Jose Carnevali
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Wichita, Kansas, Best Western Pays 13 Employees Back Wages After Wrongly Denying Paid Sick Leave for Required Coronavirus Quarantine

News Release

Wichita, Kansas, Best Western Pays 13 Employees Back Wages After Wrongly Denying Paid Sick Leave for Required Coronavirus Quarantine

WICHITA, KS After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Best Western Plus Wichita Hotel – based in Wichita, Kansas – has paid $5,693 in back wages for wrongly denying paid sick leave to 13 employees required to quarantine after testing positive for the coronavirus.

WHD investigators found Best Western Plus Wichita violated the Emergency Paid Sick Leave Act provisions of the Families First Coronavirus Response Act (FFCRA) when it denied the employees paid time away from work for which they were eligible. The employer has also agreed to future compliance with the FFCRA.

The Families First Coronavirus Response Act qualifies employees for paid sick time to care for themselves and their families due to coronavirus-related reasons. This provision aids in limiting the spread of the coronavirus and protects employees and the public,” said Wage and Hour District Director Reed Trone, in Kansas City, Kansas. “Employers must take all the steps necessary to comply with the FFCRA and should review their obligations under this new law to avoid similar violations.”

WHD encourages employers and employees to call the division directly for assistance to better understand the requirements under the FFCRA and use its educational online tools to avoid violations. WHD offers updated information on its website and through extensive outreach efforts to ensure that workers and employers have the information they need about the benefits and protections of this new law.

The FFCRA helps the U.S. combat and defeat the workplace effects of the coronavirus by giving tax credits to American businesses with fewer than 500 employees to provide employees with paid leave for reasons related to COVID-19. Please visit WHD’s “Quick Benefits Tips” for information about how much leave workers may qualify to use, and the amounts employers must pay. The law enables employers to provide paid leave reimbursed by tax credits, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus. 

WHD provides additional information on common issues employers and employees face when responding to the coronavirus and its effects on wages and hours worked under the Fair Labor Standards Act and on job-protected leave under the Family and Medical Leave Act at https://www.dol.gov/agencies/whd/pandemic.

For more information about the laws enforced by WHD, call 866-4US-WAGE, or visit www.dol.gov/agencies/whd.

For further information about the coronavirus, please visit the Centers for Disease Control and Prevention.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

# # #

 

Agency
Wage and Hour Division
Date
October 19, 2020
Release Number
20-1881-KAN
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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Don Pancho Restaurant Chain to Pay $563,350 in Back Wages After U.S. Department of Labor Finds Wage, Child Labor Violations

News Release

Don Pancho Restaurant Chain to Pay $563,350 in Back Wages After U.S. Department of Labor Finds Wage, Child Labor Violations

CLARKSVILLE, TN After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Don Pancho Mexican Restaurant will pay $563,350 in back wages to 120 employees after an investigation found minimum wage, overtime and recordkeeping violations of the Fair Labor Standards Act (FLSA) at three Tennessee locations in Mount Juliet, Ashland City and Jackson. The Department also assessed the restaurant a $683 civil penalty for violating the child labor provisions of the FLSA.

WHD investigators determined Don Pancho Mexican Restaurant – headquartered in Clarksville, Tennessee – kept a percentage of servers’ tips to offset the restaurant’s expenses, in violation of minimum wage requirements. The law prevents employers from keeping workers’ tips. Don Pancho also failed to record all of the hours employees worked, resulting in the employer’s failure to pay for those hours, triggering additional violations.

Don Pancho Mexican Restaurant also paid some kitchen workers flat salaries, regardless of the number of hours that they worked. This practice resulted in violations when those employees worked more than 40 hours in a workweek, but the employer failed to pay them overtime. Similar violations occurred for employees paid flat daily rates regardless of the number of hours they worked. WHD also found the employer failed to maintain records of cash payments made to employees, resulting in a recordkeeping violation.

The investigation also found that Don Pancho Mexican Restaurant violated child labor requirements by employing a 15-year-old minor to work outside of the hours allowed by law for that age group. WHD investigators determined the employer allowed the minor to work more than 18 hours during a school week, more than 40 hours in a week while school was not in session, more than three hours on a school day, more than eight hours on a non-school day, and later than 7:00 p.m.

“Employers must pay their workers all the wages they have legally earned. We encourage them to contact the Wage and Hour Division with questions about how to pay a tipped employee, or any other wage requirements, so that they fully understand their responsibilities,” said Wage and Hour Division District Director Nettie Lewis, in Nashville, Tennessee. “This investigation’s outcome reminds all employers to review their pay practices to ensure they are paying their workers as the law requires and demonstrates that the U.S. Department of Labor is committed to leveling the playing field for employers that 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
October 9, 2020
Release Number
20-1823-ATL
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor and the University of Delaware Enter Agreement to Resolve Alleged Hiring Discrimination

News Release

U.S. Department of Labor and the University of Delaware Enter Agreement to Resolve Alleged Hiring Discrimination

NEWARK, DE – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has entered into an early resolution conciliation agreement with the University of Delaware in Newark, to resolve allegations of systemic hiring discrimination. The university has agreed to pay $100,000 in back pay, interest and benefits to the affected male class members who applied and were not hired for custodial technician positions.

The preliminary findings of OFCCP’s routine compliance evaluation show that from July 1, 2017 through June 30, 2018, the university discriminated against 210 male applicants for custodial technician positions in violation of Executive Order 11246, which prohibits gender-based discrimination in hiring by federal contractors.

While not admitting liability, the University of Delaware agreed to an early resolution conciliation agreement and to enhance future compliance proactively. The University of Delaware will also evaluate its selection procedures, and conduct an in-depth review of its practices to ensure there are no discriminatory selection practices.

“The Office of Federal Contract Compliance Programs’ Early Resolution Procedures help ensure prompter and broader relief for America’s workforce by allowing contractors facing a potential violation to proactively correct such violations and ensure future enterprise-wide compliance,” said Office of Federal Contract Compliance Programs Director Craig E. Leen.

“Federal contractors are legally obligated to monitor their hiring processes and ensure applicants are not rejected due to unlawful practices,” said Office of Federal Contract Compliance Programs Regional Director Michele Hodge, in Philadelphia, Pennsylvania.

In 2020, the University of Delaware secured federal contracts for products and services from the U.S. Department of Agriculture, National Institutes of Health, Department of the Army, National Oceanic and Atmospheric Administration, National Aeronautics and Space Administration, and Federal Railroad Administration.

In November 2018, OFCCP issued a directive establishing Early Resolution Procedures, launching an initiative to promote early and efficient resolution of supply and service compliance evaluations. These procedures allow OFCCP and contractors with multiple establishments to implement corporate-wide compliance cooperatively with OFCCP’s regulatory requirements, and resolve identified issues efficiently. In turn, contractors are exempt from future OFCCP evaluations for five years.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed or disclosed their compensation or that of others, subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

OFCCP launched the Class Member Locator to identify applicants and/or workers who have been impacted by OFCCP’s compliance evaluations and who may be entitled to a portion of monetary relief and/or consideration for job placement. If you think you may be a class member who applied between (2017) and (2018), the period of the investigation, please visit our website at http://www.dol.gov/ofccp/CML/index.htm, where you can also find information about other recent OFCCP settlements.

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
Office of Federal Contract Compliance Programs
Date
October 7, 2020
Release Number
20-1875
Media Contact: Leni Fortson
Media Contact: Joanna Hawkins
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