Healthcare Staffing Company Pays More Than $3 Million in Back Wages After Missing Payroll for Employees Conducting Coronavirus Testing

News Release

Healthcare Staffing Company Pays More Than $3 Million in Back Wages After Missing Payroll for Employees Conducting Coronavirus Testing

OVERLAND PARK, KS Favorite Healthcare Staffing Inc. – based in Overland Park, Kansas – has paid $3,068,859 in back wages to 1,677 contract employees hired to conduct coronavirus testing in Orlando, Florida, under terms of an agreement with the U.S. Department of Labor’s Wage and Hour Division (WHD).

WHD investigators determined Favorite Healthcare Staffing Inc. missed several payroll payments to workers in June and July of 2020 resulting in violations of the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements.

“The Wage and Hour Division works to ensure employers in all industries comply with federal law so that every employee receives the wages they have rightfully earned,” said Wage and Hour District Director Reed Trone in Kansas City, Kansas. “Employers must understand their responsibility to accurately and timely pay employees. We encourage employers to use the wide variety of compliance tools we offer to explain those requirements, and to contact us for guidance.”

Favorite Healthcare Staffing Inc. provides placement of healthcare professionals for allied health, contract, travel and permanent placement opportunities nationwide.

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 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 5, 2020
Release Number
20-1827-KAN
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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Tennessee Restaurant Chain To Pay $188,728 in Back Wages After U.S. Department of Labor Uncovers Minimum Wage Violations

News Release

Tennessee Restaurant Chain To Pay $188,728 in Back Wages After U.S. Department of Labor Uncovers Minimum Wage Violations

KINGSPORT, TN After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Cypriana Inc. – operating as Mad Greek International Café – will pay $188,728 in back wages to 65 employees. The investigation found minimum wage and recordkeeping violations of the Fair Labor Standards Act (FLSA) at two Tennessee locations in Kingsport and Johnson City.

The WHD investigation determined Cypriana retained a percentage of servers’ tips illegally to use for business expenses and to pay the hourly wages of hosts and bussers. The FLSA does not allow employers to keep servers’ tips. Under certain circumstances, the law does allow employers of tipped workers to take credit for tips the employees receive toward the employer’s obligation to pay those workers the federal minimum wage of $7.25 per hour. The violation found in this case disallows Cypriana’s ability to take that credit, resulting in the employer owing the full federal minimum wage to servers. In addition, WHD found that the employer failed to maintain the records showing the dates of birth for four minor employees, an FLSA recordkeeping violation.

“We strongly encourage employers to contact the Wage and Hour Division with questions regarding tip credit rules or any other wage requirements so they can meet their legal obligations,” 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 shows that the U.S. Department of Labor remains committed to leveling 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
October 5, 2020
Release Number
20-1771-ATL
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Reaches Conciliation Agreement With Law Firm to Resolve Alleged Pay Discrimination

News Release

U.S. Department of Labor Reaches Conciliation Agreement With Law Firm to Resolve Alleged Pay Discrimination

PROVIDENCE, RI – After a routine compliance review by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), Locke Lord LLP – a federal contractor formerly known as Edwards Wildman – voluntarily entered into a conciliation agreement to resolve allegations of pay discrimination at its Providence, Rhode Island, office.  

In January 2015, Locke Lord LLP acquired Edwards Wildman. In fiscal years 2016 through 2020, Locke Lord LLP received payments totaling $4,915,638 due to federal contracts.

After a routine compliance evaluation, OFCCP alleged that Locke Lord LLP discriminated in its practice of issuing bonuses to 22 female associates. While not admitting the allegations, Locke Lord LLP agreed to provide relief for the affected associates totaling $150,000 in lost bonuses and interest, as well as assuring that all employees are afforded equal employment opportunities.

“This agreement is an outstanding example for the legal industry to follow,” said the Office of Federal Contract Compliance Northeast Regional Director Diana Sen in New York.

“Locke Lord is working with us to ensure pay equity for its female associates,” said Office of Federal Contract Compliance Programs Director Craig Leen. “Together, we will ensure that the company’s employment practices comply with equal employment opportunity requirements.”

In addition to Executive Order 11246, OFCCP enforces 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 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
October 1, 2020
Release Number
20-1846-BOS
Media Contact: Ted Fitzgerald
Media Contact: James C. Lally
Phone Number
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Jacksonville, Florida, Employer to Pay Back Wages to Workers With Disabilities After U.S. Department of Labor Investigation

News Release

Jacksonville, Florida, Employer to Pay Back Wages to Workers With Disabilities After U.S. Department of Labor Investigation

JACKSONVILLE, FL After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Pine Castle Inc. – a Jacksonville, Florida, facility for adults with intellectual and development disabilities – will pay $14,487 in back wages to 48 employees for failing to meet the requirements of Section 14(c) of the Fair Labor Standards Act (FLSA).

WHD found that the employer violated requirements of Section 511 of the Workforce Innovation and Opportunity Act when it failed to provide workers with disabilities with services required for it to pay sub-minimum wages. Section 511 requires that employers that pay sub-minimum wages under the FLSA’s Section 14(c) must provide services such as career counseling, information and referral services from the state vocational rehabilitation agency and information about local opportunities for self-advocacy, self-determination and peer-mentoring training. Since Pine Castle failed to ensure its workers received required services, WHD determined the employer was obligated to pay affected workers the full federal minimum wage of $7.25 per hour.

“The U.S. Department of Labor is committed to ensuring that all workers receive the hard-earned wages legally due to them and to protecting workers with disabilities from workplace exploitation,” said Wage and Hour Division District Director Wildalí De Jesús, in Orlando, Florida. “Section 511 of the Rehabilitation Act and FLSA Section 14(c) require some very specific actions by employers who participate in these programs. We encourage all employers to contact their local Wage and Hour Division office where a trained professional can answer their questions, and help them avoid violations.”

Section 14(c) of the FLSA offers more job opportunities for workers with disabilities when their disability affects their productive capacity for the work being performed. After applying for and receiving a certificate from WHD, the employer may determine their employees’ productivity and calculate the appropriate commensurate wage as a percentage of the rate for experienced employees performing similar jobs in the area.

For more information about the FLSA, Section 14(c) 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 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
September 29, 2020
Release Number
20-1696-ATL
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Recovers Back Wages for Employees After Restaurant Misses Payroll in Violation of Federal Law

News Release

U.S. Department of Labor Recovers Back Wages for Employees After Restaurant Misses Payroll in Violation of Federal Law

AUSTIN, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Bottom of the Cup Inc. – a café and coffee house based in Round Rock, Texas – will pay $14,286 in back wages to 15 employees after the employer missed payroll, violating the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA).   

WHD investigators found Bottom of the Cup Inc. – doing business as Star Coffee Texas – missed payroll and by doing so, violated the FLSA. The restaurant also failed to keep accurate records as the law requires.

“The U.S. Department of Labor continues to ensure employers comply with federal law and that employees receive the wages they have legally earned,” said Wage and Hour District Director Nicole Sellers in Austin, Texas. “Employers are legally obligated to pay employees for all the hours they have worked, and to do so on their regular pay day. We encourage employers to reach out to us and to use the many tools we provide to help them understand their responsibilities.”

The employer cooperated during the investigation, and paid all of the back wages owed.

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 WHD offices.

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 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 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
September 25, 2020
Release Number
20-1343-DAL
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Recovers Back Wages for 206 Employees After Investigation of Austin, Texas, Restaurants

News Release

U.S. Department of Labor Recovers Back Wages for 206 Employees After Investigation of Austin, Texas, Restaurants

AUSTIN, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Controllables Management LLC – owner of five Austin, Texas restaurants – has paid $46,153 to 206 employees for violations of the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA).   

WHD investigators found Controllables Management LLC missed payroll at five of its restaurants in Austin. By doing so, the employer failed to pay required minimum wage and overtime pay to its employees, in violation of the FLSA. The restaurant also failed to keep accurate records as the law requires.

The investigation included the following restaurants in Austin:

  • Sixth & Lamar Inc., doing business as 24 Diner
  • Cookbook LLC, doing business as Cookbook Café
  • Elm Food Hall LLC, doing business as Fareground Food Hall
  • Heartfelt Hospitality LLC, doing business as Irene’s
  • Four Round Windows LLC, doing business as Italic

“Employers must pay their employees the wages they have legally earned,” said Wage and Hour District Director Nicole Sellers in Austin, Texas. “Employees count on their earned wages to pay for critical[HR-W1]  necessities, especially during the pandemic. We encourage employers to reach out to us and to use the many tools we provide to help them understand their responsibilities.”

Controllables Management LLC representatives cooperated during the investigation, and paid all the back wages owed.

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.

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 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 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
September 25, 2020
Release Number
20-1344-DAL
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Proposes Rule to Clarify Employee and Independent Contractor Status Under the Fair Labor Standards Act

News Release

U.S. Department of Labor Proposes Rule to Clarify Employee and Independent Contractor Status Under the Fair Labor Standards Act

WASHINGTON, DC – The U.S. Department of Labor today announced a proposed rule clarifying the definition of employee under the Fair Labor Standards Act (FLSA) as it relates to independent contractors.

“The Department’s proposal aims to bring clarity and consistency to the determination of who’s an independent contractor under the Fair Labor Standards Act,” said Secretary of Labor Eugene Scalia. “Once finalized, it will make it easier to identify employees covered by the Act, while respecting the decision other workers make to pursue the freedom and entrepreneurialism associated with being an independent contractor.”

“The rule we proposed today continues our work to simplify the compliance landscape for businesses and to improve conditions for workers,” said Wage and Hour Division Administrator Cheryl Stanton. “The Department believes that streamlining and clarifying the test to identify independent contractors will reduce worker misclassification, reduce litigation, increase efficiency, and increase job satisfaction and flexibility.”

The Department’s proposed rule would:

  • Adopts an “economic reality” test to determine a worker’s status as an FLSA employee or an independent contractor. The test considers whether a worker is in business for himself or herself (independent contractor) or is economically dependent on a putative employer for work (employee);
  • Identifies and explains two “core factors,” specifically the nature and degree of the worker’s control over the work, and the worker’s opportunity for profit or loss based on initiative and/or investment. These factors help determine if a worker is economically dependent on someone else’s business or is in business for himself or herself;
  • Identifies three other factors that may serve as additional guideposts in the analysis: the amount of skill required for the work; the degree of permanence of the working relationship between the worker and the potential employer; and whether the work is part of an integrated unit of production; and
  • Advises that the actual practice is more relevant than what may be contractually or theoretically possible in determining whether a worker is an employee or an independent contractor.

This Notice of Proposed Rulemaking (NPRM) is available for review and public comment for 30 days after it is published in the Federal Register. The Department encourages interested parties to submit comments on the proposed rule. Today’s web posting offers the public more time to review the NPRM before the comment period begins. 

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

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

Agency
Wage and Hour Division
Date
September 22, 2020
Release Number
20-1557-NAT
Media Contact: Eric Holland
Phone Number
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U.S. Department of Labor Investigation Results in Iowa Manufacturer Paying 150 Employees $279,505 in Back Wages

News Release

U.S. Department of Labor Investigation Results in Iowa Manufacturer Paying 150 Employees $279,505 in Back Wages

NEW HAMPTON, IA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Precision of New Hampton Inc. – based in New Hampton, Iowa – will pay 150 employees a total of $279,505 in back wages for violating the Fair Labor Standards Act (FLSA).

The WHD investigation found the manufacturer of torque convertors violated the FLSA by deducting breaks shorter than 30 minutes from employees’ pay as lunch breaks. The FLSA requires employers to pay for short rest breaks, usually 20 minutes or less, as work time. Meal periods, typically 30 minutes or longer, may be unpaid as long as workers are completely relieved of job duties during that time.

“Employers must provide a minimum of 30 minutes for a bona fide meal break if they intend to deduct the time from an employee’s time records. They must also ensure that employees do not perform work during that time," said Wage and Hour District Director Marcy Boldman, in Des Moines, Iowa. “The Department of Labor works to ensure employers comply with federal law so that every employee receives the wages they have rightfully earned. We encourage employers to use the wide variety of tools we offer to educate themselves and to ensure they comply with the law. We invite any worker or employer to call us with questions about their rights or responsibilities.”

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 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
September 21, 2020
Release Number
20-1688-KAN
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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U.S. Department of Labor Investigation Results in Court Ordering New York Horse Trainer to Pay $425,000 in Back Wages, Damages and Penalties

News Release

U.S. Department of Labor Investigation Results in Court Ordering New York Horse Trainer to Pay $425,000 in Back Wages, Damages and Penalties

NEW YORK, NY – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Weaver Racing Inc. and owner George R. Weaver paid a total of $425,000 in court-ordered back wages, liquidated damages and civil penalties for violations of the Fair Labor Standards Act (FLSA) and the labor provisions of the H-2B visa program.

WHD investigators found that the thoroughbred horse racing trainer and the company violated the FLSA by failing to pay overtime to groomers and hot walkers – in Elmont and Saratoga, New York – when they worked more than 40 hours in a workweek. WHD also cited Weaver for recordkeeping violations for the failure to record the number of hours employees worked accurately.

The H-2B program violations resulted from the following:

  • Employer failing to pay H-2B employees the required hourly wage;
  • Requiring H-2B employees to bear the cost of their travel to the U.S. and the costs of their visas;
  • Collecting cash from workers to cover the company’s own attorney and visa filing fees;
  • Failing to cover the full cost of employees’ travel to and from the employer’s worksite;
  • Regularly sending H-2B employees to work in geographic areas where the company had not completed the required recruitment of U.S. workers;
  • Failing to disclose the availability of free housing, bonuses and overtime hours in its job offer and recruitment to prospective U.S. workers;
  • Instructing employees to underreport their hours if WHD interviewed them; and
  • Attempting to intimidate employees from participating in WHD’s investigation.

“The Wage and Hour Division is committed to safeguarding American jobs, leveling the playing field for law-abiding employers and protecting vulnerable workers from being paid less than they are legally owed,” said Wage and Hour Division Long Island District Director David An in Westbury, New York. “We encourage employers to reach out to us with questions, and to use the wide variety of tools we offer to help them understand their responsibilities.”

“These legal actions demonstrate the U.S. Department of Labor will take all steps necessary to ensure employees receive the wages that they have rightfully earned and that employers that violate laws do not gain an unfair advantage over employers who obey the law,” said Regional Solicitor of Labor Jeffrey S. Rogoff in New York.

A consent judgment filed with the U.S. District Court for the Eastern District of New York orders the defendants to pay $165,480 – $75,166 in overtime back wages and an equal amount in liquidated damages – to 59 employees and pay $15,147 in civil penalties for the FLSA violations. The judgment also requires them to designate a compliance officer to oversee pay practices, implement and use an electronic timekeeping system to ensure accurate tracking of employees’ work hours, and train certain supervisory employees on the requirements of the FLSA and the H-2B requirements of the Immigration and Nationality Act. It also orders them not to commit future violations and prohibits them from interfering with WHD investigations and retaliating against employees.

An H-2B consent findings and order filed separately with the Office of Administrative Law Judges requires Weaver Racing Inc. to pay $175,099 in H-2B back wages to 56 employees and $84,420 in civil penalties. The employer also agrees to institute and maintain a comprehensive H-2B compliance program, designate a compliance officer to ensure compliance with H-2B program requirements and conduct orientation sessions to instruct employees how to use the timekeeping system, and to inform them of their rights under the H-2B program.

WHD’s Long Island District Office conducted the investigation. Trial Attorney Jason E. Glick of the regional Office of the Solicitor in New York litigated the case for the department.

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/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. Weaver Racing Inc. doing business as Weaver Racing Stable Inc.; Weaver Racing Stables Inc., doing business as George Weaver Racing Stable and George Weaver Racing Stable LLC; and George R. Weaver, an individual.

Civil Action No. 20-cv-3836-SJF-ARL

Administrator, Wage and Hour Division, United States Department of Labor v. Weaver Racing Inc. doing business as Weaver Racing Stables Inc.

OALJ Case No. 2020-TNE-00046

 

Agency
Wage and Hour Division
Date
September 16, 2020
Release Number
20-1625-NEW
Media Contact: Ted Fitzgerald
Media Contact: James C. Lally
Phone Number
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U.S. Department of Labor Awards Nearly $11.2 Million in Dislocated Worker Grants in Response to Coronavirus Public Health Emergency

News Release

U.S. Department of Labor Awards Nearly $11.2 Million in Dislocated Worker Grants in Response to Coronavirus Public Health Emergency

WASHINGTON, DC The U.S. Department of Labor today announced the award of three Dislocated Worker Grants (DWGs) totaling $11,150,278 to Oklahoma, Washington and Wisconsin, to help address the workforce-related impacts of the coronavirus public health emergency.

These awards are funded under the Coronavirus Aid, Relief and Economic Security (CARES) Act, which provided $345 million for DWGs to prevent, prepare for and respond to the coronavirus. This latest award follows 10 previous waves of funding, bringing the total amount awarded to states and territories to $274,241,918.

The U.S. Department of Health and Human Services declared the coronavirus a nationwide public health emergency on Jan. 31, 2020. The Federal Emergency Management Agency also issued coronavirus emergency declarations for states, outlying areas and Indian tribal governments on March 13, 2020. These federal declarations enable the Secretary of Labor to award Disaster Recovery DWGs to help address the workforce-related impacts of this public health emergency.  

Disaster Recovery DWGs may provide eligible participants disaster-relief employment to address the coronavirus impacts within their communities, as well as employment and training activities. Employment Recovery DWGs provide reemployment services to eligible individuals affected by mass layoffs, such as those resulting from the coronavirus pandemic. 

Supported by the Workforce Innovation and Opportunity Act of 2014, 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.

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

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
September 15, 2020
Release Number
20-1777-NAT
Media Contact: Eric Holland
Phone Number
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