U.S. Department of Labor Offers Webinar for Ohio Employers

News Release

U.S. Department of Labor Offers Webinar for Ohio Employers

COLUMBUS, OH – The U.S. Department of Labor’s Wage and Hour Division (WHD) and its Occupational Safety and Health Administration (OSHA) will present a webinar for Ohio area employers and human resources professionals on the paid leave requirements of the Families First Coronavirus Response Act (FFCRA) and safety guidance for returning to work and maintaining a safe and healthy working environment.

WHD and OSHA representatives will provide an overview of the federal paid sick leave and expanded family and medical leave requirements, and information on workplace safety and health compliance with an emphasis on OSHA’s coronavirus response. The event will also include time for questions and answers.

WHAT:          Families First Coronavirus Response Act Paid Leave, Workplace Safety and Health webinar

WHEN:          Sept. 2, 2020, 10-11 a.m. EDT

WHERE:       Click here to register and join the event.

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 reimburse the costs of providing employees with paid leave provided 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. 

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

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. 

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 the 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.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit https://www.osha.gov.

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 1, 2020
Release Number
20-1613-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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U.S. Department of Labor Issues Four New Wage and Hour Opinion Letters

News Release

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

WASHINGTON, DC The U.S. Department of Labor today announced four new 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 Wage and Hour Division remains committed to providing guidance and compliance assistance to workers and employers even during this difficult time,” said Wage and Hour Administrator Cheryl Stanton. “As businesses continue to reopen and rebuild, the Wage and Hour Division will continue to make clear the rules of the road during the economic recovery allowing workers to return to work and prosper again.”

The opinion letters issued today are:

  • FLSA2020-11: Addresses whether a private “oilfield service company” that provides waste-removal services for oilfield operators may qualify as a “retail or service establishment” eligible to claim the FLSA’s Section 7(i) exemption for certain truck drivers whom it employs;
  • FLSA2020-12: Addresses an employer’s compliance with FLSA’s minimum wage requirements when reimbursing delivery drivers for business-related expenses incurred while using their personal vehicles during the course of employment;
  • FLSA2020-13: Addresses whether part-time employees who provide corporate-management training and are paid a day rate with additional hourly compensation qualify for the learned professional exemption and the highly compensated employee test under Section 13(a)(1) of the FLSA; and
  •  FLSA2020-14: Addresses whether employees’ hours must fluctuate above and below 40 hours per week to qualify for the fluctuating workweek method of calculating overtime pay.

The public can search for existing opinion letters by keyword, year, topic and a variety of other filters on the Department’s website. The Department also encourages the public to submit requests for opinion letters to WHD to obtain an opinion or to determine whether existing guidance already addresses their questions. The Division exercises its discretion in determining whether and how it will respond to each request.

With today’s release, the Wage and Hour Division has now issued 65 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 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
August 31, 2020
Release Number
20-1655-NAT
Media Contact: Megan Sweeney
Phone Number
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Minneapolis Day Care Pays 28 Employees $19,447 in Back Wages After Denying Paid Leave Under the Families First Coronavirus Response Act

News Release

Minneapolis Day Care Pays 28 Employees $19,447 in Back Wages After Denying Paid Leave Under the Families First Coronavirus Response Act

MINNEAPOLIS, MN After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Mundo De Colores Inc.operator of five Minneapolis-area Spanish language childcare facilities – has paid 28 employees back wages and restored leave valued at $19,447. The employer failed to provide the workers leave required under the Emergency Paid Sick Leave Act (EPSLA) provisions of the Families First Coronavirus Response Act (FFCRA).

WHD determined Mundo De Colores Inc. – operating as Jardin Spanish Immersion Academy – denied paid leave under the FFCRA to workers who qualified for the benefit, and, in some cases, required employees to use accrued personal time off instead of granting paid leave under the EPSLA. In other cases, the employer required employees to take leave without pay when they were in fact qualified for paid time off under the FFCRA. Once notified of its obligations by WHD, the employer paid the back wages.

“Employers must comply with the Families First Coronavirus Response Act, and provide employees emergency paid sick leave when they meet qualifying conditions that are designed to minimize exposure, prevent the potential spread of the coronavirus and allow employees to care for family members,” said Acting Wage and Hour District Director Debra Wynn, in Minneapolis, Minnesota. “Through outreach and enforcement, the U.S. Department of Labor remains diligent in its efforts to help U.S. employees and employers better understand all the benefits and protections this law provides.”

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 certain 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 continues to provide updated information on its website and through extensive outreach efforts to endure that workers and employers have the information they need about the benefits and protections of this new law. The agency also 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
August 28, 2020
Release Number
20-1570-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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Orlando, Florida, Aluminum Construction Contractor to Pay $32,702 In Back Wages After U.S. Department of Labor Finds Overtime Violations

News Release

Orlando, Florida, Aluminum Construction Contractor to Pay $32,702 In Back Wages After U.S. Department of Labor Finds Overtime Violations

ORLANDO, FL After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), US Aluminum Services Corp. – a residential aluminum construction contractor based in Orlando, Florida – will pay 19 employees $32,702 in owed wages for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators determined US Aluminum Services Corp. paid its employees a flat rate per day, regardless of the number of hours they worked in a workweek. This practice resulted in violations when employees worked more than 40 hours in a workweek and the employer failed to pay them overtime. The employer also failed to keep required records of the total number of hours employees worked.  

“Paying workers a piece-rate or day-rate does not mean that those workers are not entitled to overtime pay when they work more than 40 hours in a week,” said Wage and Hour Division District Director Wildalí De Jesús, in Orlando, Florida. “The U.S. Department of Labor is committed to educating employers and improving compliance with federal wage laws to protect American workers and to level the playing field for law-abiding employers.”

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 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
August 28, 2020
Release Number
20-1423-ATL
Media Contact: Eric R. Lucero
Phone Number
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Florida Restaurant Chain Pays $115,966 in Back Wages After Coronavirus Closures Lead to Missed Payroll

News Release

Florida Restaurant Chain Pays $115,966 in Back Wages After Coronavirus Closures Lead to Missed Payroll

WEST PALM BEACH, FL After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Hurricane Wings Management LLC – a restaurant chain based in West Palm Beach, Florida – has paid $115,966 in back wages to 160 employees for minimum wage and overtime violations of the Fair Labor Standards Act (FLSA) at two locations.

WHD investigators determined Hurricane Wings Management LLC and another location operating as Hurricane Grill & Wings of Winter Haven, violated the FLSA by missing payroll and failing to pay employees any wages after temporarily closing the locations due to the coronavirus pandemic.

“Employers must 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 is committed to educating employers and improving compliance with federal wage laws to protect American workers and to level the playing field for law-abiding employers. We encourage employers to reach out to us with questions and to use the wide variety of tools we offer to ensure they clearly understand their 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 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
August 24, 2020
Release Number
20-1480-ATL
Media Contact: Eric R. Lucero
Phone Number
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Rosedale, Virginia, Contractor Pays $46,786 in Back Wages After U.S. Department of Labor Finds Overtime Violations

News Release

Rosedale, Virginia, Contractor Pays $46,786 in Back Wages After U.S. Department of Labor Finds Overtime Violations

ROSEDALE, VA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Gas Field Services LLC – a pipeline industry contractor based in Rosedale, Virginia – paid $46,786 in back wages to nine employees for violating the overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

WHD found that the employer violated the FLSA by failing to pay a group of employees overtime for all the hours they worked beyond 40 each workweek. Instead, the employer paid workers for 56 hours each week, regardless of the number of hours they actually worked, and banked some of the unpaid hours to be paid out in later workweeks when the employees worked fewer or no hours. The FLSA requires payment on the regular payday for all hours worked during a workweek, with overtime paid at time and one-half. The employer also violated FLSA recordkeeping requirements by failing to keep required records.

“Gas Field Services adopted a pay practice that failed to comply with the Fair Labor Standards Act,” said Wage and Hour Division District Director John DuMont, in Pittsburgh, Pennsylvania. “The U.S. Department of Labor will continue its work to level the playing field so that employers that follow the rules don’t find themselves at an economic disadvantage, and so that workers are paid all the wages they have legally earned. Other employers should use the results of this investigation as an opportunity to review their own pay practices to ensure they comply with the law.”

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/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
August 20, 2020
Release Number
20-1477-PHI
Media Contact: Joanna Hawkins
Media Contact: Leni Fortson
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Missouri Federal Contractor Agrees to Pay $379,089 to Resolve Wage Discrimination found in U.S. Department of Labor Investigation

News Release

Missouri Federal Contractor Agrees to Pay $379,089 to Resolve Wage Discrimination found in U.S. Department of Labor Investigation

ST. JOSEPH, MO – After a compliance review by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), Boehringer Ingelheim Animal Health USA Inc. – a global pharmaceutical company and federal contractor – will pay $379,089 in back pay and interest to 75 female employees to resolve alleged wage discrimination at its St. Joseph, Missouri, facility.

OFFCP alleges discrimination occurred in base compensation for female employees working as scientists, technicians and technical administrators in the production sub-area at the facility that manufactures biological animal vaccines.

“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 Midwest Regional Director Carmen Navarro in Chicago, Illinois. “Boehringer Ingelheim Animal Health USA Inc. worked cooperatively with the Department to resolve these matters and to prevent similar issues from happening again.”

In addition to the distribution of back pay and interest under the agreement, Boehringer Ingelheim Animal Health USA Inc will 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.

Boehringer Ingelheim Animal Health USA Inc. a subsidiary of Boehringer Ingelheim International GmbH of Rhein, Germany does not admit liability and denies OFCCP’s allegations.

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
August 18, 2020
Release Number
20-1284-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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South Florida Landscaping Company to Pay $110,602 in Back Wages To 85 Employees After U.S. Department of Labor Finds Overtime Violations

News Release

South Florida Landscaping Company to Pay $110,602 in Back Wages To 85 Employees After U.S. Department of Labor Finds Overtime Violations

LOXAHATCHEE, FL After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), A Cut Above Landscape & Maintenance Inc. – a landscaping company based in Loxahatchee, Florida – will pay 85 employees $110,602 in back wages for violating overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

WHD investigators determined A Cut Above Landscape & Maintenance Inc. paid its employees a flat rate per day regardless of the number of hours they worked in a workweek. This practice resulted in violations when employees worked more than 40 hours in a workweek but the employer failed to pay them overtime. The employer also failed to keep required records of the total number of hours employees worked. 

“When employers fail to track properly all the hours employees work, it often results in overtime pay violations,” said Wage and Hour Division District Director Tony Pham, in Miami, Florida. “The U.S. Department of Labor is committed to educating employers and improving compliance with federal wage laws to protect American workers and to level the playing field for law-abiding employers. We encourage employers to reach out to us with questions and to use the wide variety of tools we offer to ensure they clearly understand their 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 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
August 17, 2020
Release Number
20-1424-ATL
Media Contact: Eric R. Lucero
Phone Number
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Crystal Beach, Florida, Construction Contractor Pays $16,567 in Back Wages After U.S. Department of Labor Investigation Uncovers Overtime Violations

News Release

Crystal Beach, Florida, Construction Contractor Pays $16,567 in Back Wages After U.S. Department of Labor Investigation Uncovers Overtime Violations

CRYSTAL BEACH, FL After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), High Line Construction Services LLC – a construction contractor based in Crystal Beach, Florida – has paid $16,567 in back wages to five employees for violations of the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found that High Line Construction Services LLC paid employees straight time for all the hours that they worked, failing to pay overtime when they worked over 40 hours in a workweek.

“We hope that the results of this investigation lead other employers to examine their own pay practices to ensure that they comply with the law,” said Wage and Hour Division District Director Nicolas Ratmiroff, in Tampa, Florida. “The Wage and Hour Division is committed to ensuring that workers are paid all the wages they have legally earned, and that employers all play by the same rules to level the playing field. We encourage all employers and employees to reach out to their local Wage and Hour Division office to learn about their responsibilities and rights under federal law.”

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

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers 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
August 13, 2020
Release Number
20-1444-ATL
Media Contact: Eric R. Lucero
Phone Number
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Apopka, Florida, Contractor to Pay $16,852 in Back Wages After U.S. Department of Labor Investigation Uncovers Overtime Violations

News Release

Apopka, Florida, Contractor to Pay $16,852 in Back Wages After U.S. Department of Labor Investigation Uncovers Overtime Violations

APOPKA, FL After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Randall Mechanical Inc., an Apopka, Florida, contractor will pay $16,852 in back wages to 20 employees for violating overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found that Randall Mechanical Inc. failed to pay employees in its accounting department overtime when they worked more than 40 hours in a workweek. Instead, the employer would bank the overtime hours and pay them out, at straight time, as paid time off to be used in future workweeks. Randall Mechanical also failed to keep required records of the total number of hours worked by some employees, triggering a recordkeeping violation under the FLSA.

“Private employers are not permitted to bank overtime hours and use them as compensatory time off in future workweeks,” said Wage and Hour Division District Director Wildalí De Jesús, in Orlando, Florida. “Employees must be paid all the wages they have legally earned, including overtime. We encourage all employers and employees to reach out to their local Wage and Hour Division office to learn their responsibilities and rights under federal law. Anyone with questions can call our offices confidentially and speak with a trained professional to have their questions answered.”

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

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers 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
August 12, 2020
Release Number
20-1455-ATL
Media Contact: Eric R. Lucero
Phone Number
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