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

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

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

The SCA requires contractors and subcontractors performing services on contracts in excess of $2,500 to pay service employees in various categories no less than the wage rates and fringe benefits found prevailing in the locality, or the rates, including prospective increases, contained in a predecessor contractor’s collective bargaining agreement.

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

For more information about the FLSA, SCA and other laws enforced by the WHD, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at https://www.dol.gov/agencies/whd.

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

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

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

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

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

The SCA requires contractors and subcontractors performing services on contracts in excess of $2,500 to pay service employees in various categories no less than the wage rates and fringe benefits found prevailing in the locality, or the rates, including prospective increases, contained in a predecessor contractor’s collective bargaining agreement.

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

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

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

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

For more information about the H-2A and other laws enforced by the Wage and Hour Division, contact the Division’s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/agencies/whd.

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

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

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

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

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

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

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

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

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

ATLANTA, GA – The U.S. Department of Labor’s Wage and Hour Division (WHD) has launched an education and enforcement initiative in eight Southeastern states to ensure construction companies that work on federal or federally assisted construction projects meet prevailing wage requirements of the Davis-Bacon Act (DBA) and the Davis-Bacon and Related Acts (DBRA).

WHD district offices in Alabama, Florida, Georgia, Kentucky, Mississippi, North and South Carolina, and Tennessee will engage federal contracting agencies, the Small Business Administration, and local chapters of construction associations to educate them about construction industry employers’ responsibilities, and how to prevent violations. WHD also will provide educational seminars directly to employers.

WHD investigations under these laws in these states during fiscal year 2020 resulted in employers paying $1,329,512 in back wages to 920 employees. Of the investigations conducted, 78 percent had DBRA violations, including investigations that led the Department to debar Wade Kincaid and KCS Construction of Columbia, Tennessee, and Southern Integrated Systems LLC and Jason Dinger, of Tampa, Florida, making them ineligible to bid on government contracts for three years.

“The Wage and Hour Division is committed to ensuring construction industry employers comply with the rules when they receive federal funds for work subject to the Davis Bacon and Related Acts,” said Wage and Hour Division Regional Administrator Juan Coria, in Atlanta, Georgia. “We have outreach staff available throughout the region to answer employers’ and contracting agencies’ questions about compliance. Our work in this area ensures that employees receive the wages they have legally earned, and levels the playing field for all contractors who do business with the government.”

Common violations disclosed during these investigations include employers’ failure to:

• Classify and pay workers for the category of work they actually perform;
• Pay the prevailing wage, including applicable fringe benefits, for all the hours employees work;
• Keep accurate records;
• Accurately track and pay workers the appropriate prevailing wages when they perform work in multiple job classifications; and
• Post the DBRA poster and all applicable wage determinations, as the law requires.

The DBRA requires contractors and subcontractors performing work on federal and certain federally funded projects to pay workers prevailing wage rates and fringe benefits as determined by the U.S. Secretary of Labor and as included in their contracts.

For more information about the DBRA and other laws enforced by the Division, contact the Division’s toll-free helpline at 866-4US-WAGE (487-9243) or visit the Division’s web site. The Division also offers a search tool that allows users to determine if they are owed back wages collected by the Division.

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.

NEWFIELD, NJ – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Buster Petronglo & Son Farm LLC – a Gloucester County, New Jersey, agricultural employer – has paid $1,377 in back wages for wrongly denying paid sick leave to an employee in quarantine after testing positive for the coronavirus.

Buster Petronglo & Son Farm LLC violated the Emergency Paid Sick Leave Act provisions of the Families First Coronavirus Response Act (FFCRA) by denying up to two weeks of paid sick leave at the employee’s full rate, which the worker was legally eligible for under 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,” said Wage and Hour District Director Charlene Rachor, in Lawrenceville, New Jersey. “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 contact them 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 the coronavirus. 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.

FRANKLIN, TN – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Garcia’s Mexican Restaurant – based in Franklin, Tennessee – has paid $179,878 in back wages to 40 employees to resolve minimum wage violations of the Fair Labor Standards Act (FLSA).

WHD investigators found Garcia’s Mexican Restaurant violated the FLSA when the employer required servers to pay $7 to $10 per shift into a tip pool that the restaurant retained to pay the hourly rates of non-tipped workers. The FLSA does not allow employers to keep servers’ tips. WHD also found that the employer retained the credit card tips hosts earned on carryout and to-go orders, resulting in additional FLSA minimum wage violations. Garcia’s failure to record which of the servers paid into the tip pool, how much they provided and on when they did so also resulted in recordkeeping violations.

“The Wage and Hour Division is committed to ensuring that employees receive the wages they have earned, and that employers clearly understand their responsibilities,” said Wage and Hour Division District Director Nettie Lewis, in Nashville, Tennessee. “The outcome of this investigation serves as a reminder to all employers to review their pay practices and to confirm that workers are being paid as the law prescribes. 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.

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.

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.

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.