Florida Manufacturer Pays Back Wages to Employee Denied Paid Sick Leave Required Under Families First Coronavirus Response Act

News Release

Florida Manufacturer Pays Back Wages to Employee Denied Paid Sick Leave Required Under Families First Coronavirus Response Act

SANFORD, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Producto Lure Co, Inc. – based in Sanford, Florida – has paid an employee two weeks of emergency paid sick for violating the Emergency Paid Sick Leave Act (EPSLA) provisions of the Families First Coronavirus Response Act (FFCRA).

WHD found the manufacturer and distributor of fishing products failed to pay for two weeks spent out of work after a doctor instructed the employee to self-quarantine for the coronavirus, a qualifying reason for paid sick leave under the EPSLA. The employer also failed to provide the employee’s paycheck for work performed prior to the protected leave, a violation of the Fair Labor Standards Act (FLSA).

“This case demonstrates our commitment to protecting employee rights and educating employers during this challenging time,” said Wage and Hour Division District Director Kenneth Stripling, in Birmingham, Alabama. “We encourage all employers and employees to call us for assistance to better understand the Families First Coronavirus Response Act’s new requirements to provide paid leave. We also offer many online tools to help employers avoid violations like those found in this investigation.”

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 either to provide employees with paid leave for the employee’s own health needs or to care for family members. Please visit WHD’s “Quick Benefits Tips” for information about how much leave workers may qualify to use, and the wages employers must pay. The law enables employers to keep their workers on their payrolls, 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 ensure 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
June 18, 2020
Release Number
20-1194-ATL
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Recovers $15,385 in Wages After Huntsville, Alabama, Dry Cleaners Missed Payroll

News Release

U.S. Department of Labor Recovers $15,385 in Wages After Huntsville, Alabama, Dry Cleaners Missed Payroll

HUNTSVILLE, AL After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Copeland Cleaners Inc. – a dry cleaning enterprise based in Huntsville, Alabama – has paid $15,385 in wages to 29 employees to resolve minimum wage violations of the Fair Labor Standards Act (FLSA).

WHD investigators determined Copeland Cleaners Inc. – operating as Copeland Cleaners and Wilson Cleaners at five Alabama locations in Huntsville and Hartselle – missed payroll and failed to pay its employees on time.

“Employers must pay employees the wages they have earned for the hours they have worked. This payment must occur on a worker’s scheduled payday and not when it is convenient for the employer,” said Wage and Hour Division District Director Kenneth Stripling, in Birmingham, Alabama. “The U.S. Department of Labor is committed to educating employers and improving compliance with federal wage laws in an effort to protect American workers and 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 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, including a search tool to use if you think you may be 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 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
June 15, 2020
Release Number
20-1170-ATL
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Debars Georgia Berry Farmer For Violating Guest Worker Visa Requirements

News Release

U.S. Department of Labor Debars Georgia Berry Farmer For Violating Guest Worker Visa Requirements

POULAN, GA The U.S. Department of Labor Wage and Hour Division (WHD) has debarred Reyes Quality Berry Farm LLC – based in Poulan, Georgia – from applying for certification to request temporary foreign workers under the H-2A agricultural worker visa program for three years. WHD also assessed the employer a $61,265 civil penalty for violating the labor provisions of the H-2A program, and found that the employer owed $47,675 in back wages to 32 employees.

WHD investigators determined Reyes Quality Berry Farm LLC and owner Jhony Reyes failed to provide H-2A employees with at least three-quarters of the work hours that they were guaranteed on their work contracts and failed to pay them the wages required by law under the program. The employer also impeded the investigation by providing falsified information, and failed to maintain and provide required records.  

“The Wage and Hour Division provides many tools and educational opportunities to help agricultural employers understand their responsibilities, including those that apply when they request workers under guest worker programs,” said Wage and Hour Division Acting District Director Derrick Witherspoon, in Atlanta, Georgia. “Employers or their contractors who violate the H-2A visa program’s provisions create unfair advantages over other H-2A employers, hurt U.S. workers and put guest workers at risk. The Wage and Hour Division remains committed to protecting essential farmworkers, holding accountable employers who violate the provisions of the H-2A program, and maintaining a level playing field for 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, confidential calls or in-person visits to local WHD offices.

For more information about the H-2A visa program 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 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
June 15, 2020
Release Number
20-1146-ATL
Media Contact: Eric R. Lucero
Phone Number
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Miami-Dade Victims Assistance Center Pays Back Wages and Reinstates Leave Hours After Violating the Families First Coronavirus Response Act

News Release

Miami-Dade Victims Assistance Center Pays Back Wages and Reinstates Leave Hours After Violating the Families First Coronavirus Response Act

MIAMI, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), the Miami-Dade County Coordinated Victims Assistance Center (CVAC) has paid $911 to an employee for violating the Emergency Paid Sick Leave Act (EPSLA) provisions of the Families First Coronavirus Response Act (FFCRA).

WHD found that, after a medical doctor instructed the employee to quarantine for 14 days for reasons related to the coronavirus, the employer granted the employee 40 hours of paid leave, but required the worker to use personal sick leave to cover the remainder of the quarantine period. After working with WHD, CVAC agreed to reinstate the employee’s personal sick leave hours and paid the 40 hours under the EPSLA.  

“The U.S. Department of Labor’s Wage and Hour Division continues to protect the American workforce’s rights during the coronavirus pandemic,” said Wage and Hour Division District Director Tony Pham, in Miami, Florida. “We encourage all employers and employees to call us for assistance to improve their understanding of the new requirements under the Families First Coronavirus Response Act. We also offer many online tools to help employers avoid violations like those found in this investigation.”

The FFCRA helps the U.S. combat and defeat the workplace effects of the coronavirus by giving tax credits to all American businesses with fewer than 500 employees either to provide employees with paid leave for the employee’s own health needs or to care for family members. Please visit WHD’s “Quick Benefits Tips” for information about how much leave workers may qualify to use, and the wages employers must pay. The law enables employers to keep their workers on their payrolls, 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 ensure 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
June 15, 2020
Release Number
20-1161-ATL
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Investigation Finds Tennessee Plumbing Company Violated Federal Wage and Child Labor Laws

News Release

U.S. Department of Labor Investigation Finds Tennessee Plumbing Company Violated Federal Wage and Child Labor Laws

CLARKSVILLE, TN An investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) has led the U.S. District Court for the Middle District of Tennessee to issue a consent order against a Clarksville, Tennessee-based employer for violating overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA). The employer will also pay a civil money penalty for a child labor violation.

The court has ordered Tim Jurisin Plumbing Inc. and Timothy R. Jurisin to pay $50,000 in back wages and damages to 12 employees. As a separate part of the investigation, the employer agreed to pay $1,765 in civil money penalties for violating child labor laws.

The action comes after WHD investigators determined the residential and commercial plumbing company failed to pay employees for time they spent traveling back to the company’s shop following out-of-town day assignments. WHD determined that Tim Jurisin Plumbing directed employees to report to the firm’s headquarters and begin their workday getting work orders, supplies and company vehicles and to return the vehicles and completed work orders at the end of the day. The firm’s practice of failing to pay workers for the end of day travel time resulted in overtime violations when the unpaid time combined with worksite hours exceeded 40 hour per week. Additionally, the employer’s failure to record this worktime resulted in a violation of FLSA recordkeeping requirements.

WHD also found that Tim Jurisin Plumbing employed one minor employee to engage in job duties prohibited by child labor protections when the minor used various power-driven equipment to perform plumbing duties.

In addition to paying back wages, damages and penalties, the employer agreed to a permanent injunction which prohibits the employer from violating the FLSA in the future.

“Employers have an obligation to pay their employees for all the hours they work, including time spent driving to and from job sites,” 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 to confirm that workers are being paid as the law prescribes and that they are invited to contact us for compliance assistance. Violations like those found in this investigation 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, confidential calls, or in-person visits to local WHD offices.

For more information about the FLSA, child labor 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, including a search tool for workers who may be owed back wages collected by 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
June 12, 2020
Release Number
20-1129-ATL
Media Contact: Eric R. Lucero
Phone Number
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Missouri Restaurant Pays Back Wages to Employees After Missing Payroll Due to Coronavirus Shutdown

News Release

Missouri Restaurant Pays Back Wages to Employees After Missing Payroll Due to Coronavirus Shutdown

KANSAS CITY, MO After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Plate Restaurant – based in Kansas City, Missouri – has paid 31 employees $42,534 in back wages after it was unable to make payroll, a violation of the Fair labor Standards Act (FLSA).

Investigators found Plate Restaurant did not have the available funds to pay employees for the hours they had worked in the restaurant’s final pay period, after shutting down due to the coronavirus pandemic.

“Wage and Hour Division personnel worked with Plate ownership to assist them in their commitment to finding avenues to resolve this issue and restore rightfully earned wages to their employees,” said Wage and Hour Division District Director Reed Trone, in Kansas City, Kansas. “The U.S. Department of Labor is working to protect employee rights and educate employers during the coronavirus pandemic and encourages employers to call us for assistance to improve their understanding of wage laws and to find resources to assist them during these unprecedented times.”

WHD continues to provide 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 Families First Coronavirus Response Act (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 either to provide employees with paid leave for the employee’s own health needs or to care for family members. Please visit WHD’s “Quick Benefits Tips” for information about how much leave workers may qualify to use, and the wages employers must pay. The law enables employers to keep their workers on their payrolls, 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.

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
June 12, 2020
Release Number
20-1181-KAN
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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Kentucky Contractor to Pay $101,558 in Back Wages, Penalties After U.S. Department of Labor Finds H-2B Visa Program Violations

News Release

Kentucky Contractor to Pay $101,558 in Back Wages, Penalties After U.S. Department of Labor Finds H-2B Visa Program Violations

RINEYVILLE, KY – The U.S. Department of Labor’s Office of Administrative Law Judges has signed an agreement between the department and E.C. Construction Inc. in which the company will pay $24,755 in civil penalties for its violations of H-2B visa program labor provisions. As a result of a Wage and Hour Division (WHD) investigation, the Rineyville, Kentucky-based stonemason contractor will also pay four employees $76,803 in back wages.

A WHD investigation determined that E.C. Construction required prospective U.S. workers to complete drug testing when they did not require testing for H-2B workers, violating the H-2B visa program prohibition against preferential treatment. The contractor also incorrectly classified workers as helpers while they performed the work of brickmasons or blockmasons, a designation that resulted in E.C. Construction paying those workers at a lower rate than required for the work they actually performed. In addition, WHD found the contractor failed to maintain accurate records of the employees’ earnings and did not display the required H-2B poster.

“Employers participating in the H-2B visa program must strictly adhere to all of the program’s provisions in an effort to safeguard American jobs,” said Wage and Hour Division District Director Karen Garnett-Civils, in Louisville, Kentucky. “The U.S. Department of Labor is committed to leveling the playing field for law-abiding employers and protecting vulnerable workers from being paid less than what they have legally earned.”

The Department’s Wage and Hour Division 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, confidential calls, or in-person visits to local WHD offices.

For more information about the H-2B Visa Program and other laws enforced by WHD, contact the division’s toll-free helpline at 866-4US-WAGE (487-9243). WHD offers a search tool if you think you may be 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 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
June 11, 2020
Release Number
20-851-ATL
Media Contact: Eric R. Lucero
Phone Number
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Grocery Chain Pays $54,935 in Back Wages, Damages For Violating Federal Minimum Wage and Overtime Wage Laws in Georgia, South Carolina

News Release

Grocery Chain Pays $54,935 in Back Wages, Damages For Violating Federal Minimum Wage and Overtime Wage Laws in Georgia, South Carolina

SAVANNAH, GA After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Krishna Grocery – a grocery chain with stores in the southeastern U.S. – has paid $54,935 in back wages and liquidated damages to three employees for violating minimum wage, overtime, and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

WHD investigators determined store operators Ambaji GA LLC in Savannah, Georgia, and Ambaji USA LLC in Simpsonville, South Carolina, violated FLSA overtime requirements by paying flat salaries to non-exempt employees regardless of the number of hours they worked and failing to pay them required overtime when they worked more than 40 hours in a workweek. A minimum wage violation was also found at the Simpsonville location when the salary paid resulted in a regular hourly rate that was below $7.25 per hour. In addition to these two locations, a third store – operated by Ambaji SC Inc. in Columbia, South Carolina – violated recordkeeping requirements by failing to properly record the hours employees worked and failing to display required FLSA minimum wage posters.

“Paying a flat salary to an employee does not automatically mean they are not also entitled to minimum wage and eligible to receive overtime when they work more than 40 hours in a workweek,” said Wage and Hour Division Acting District Director Derrick Witherspoon, in Atlanta, Georgia. “Employers must ensure they are familiar with federal wage laws in order to meet their obligations to employees. We encourage employers and employees alike to call our offices to speak directly with trained Wage and Hour professionals and ask any questions they may have.”

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, confidential calls, or in-person visits 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
June 11, 2020
Release Number
20-421-ATL
Media Contact: Eric R. Lucero
Phone Number
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Tennessee Manufacturer to Pay $134,799 in Back Wages to More Than 400 Employees After U.S. Department of Labor Finds Overtime Violations

News Release

Tennessee Manufacturer to Pay $134,799 in Back Wages to More Than 400 Employees After U.S. Department of Labor Finds Overtime Violations

NEW TAZEWELL, TN After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Homesteader LLC – a trailer manufacturer based in New Tazewell, Tennessee – will pay $134,799 in back wages to 408 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators determined the employer, which operates as Homesteader Trailers, failed to include some employees’ production bonuses in their regular rates of pay when calculating their overtime rates. Instead, the employer based overtime only on the workers’ hourly base rates. By excluding bonus amounts from the calculation, the employer paid overtime at rates lower than those the law requires.

WHD also found the employer failed to pay workers for time they spent on short rest breaks, and for time they spent working before their official start times preparing materials needed for the day, ensuring equipment was ready and donning protective equipment. Failing to record and pay for this work time led to additional overtime violations, while failing to record work time accurately violated FLSA recordkeeping requirements.

“The U.S. Department of Labor’s Wage and Hour Division remains committed to ensuring employers pay all employees for all the hours they work,” said Wage and Hour Division District Director Nettie Lewis, in Nashville, Tennessee. “We encourage all employers to review their pay practices to confirm that they meet their obligations to their employees and to contact us for an assistance in achieving compliance.”

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, confidential calls, or in-person visits 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
June 10, 2020
Release Number
20-653-ATL
Media Contact: Eric R. Lucero
Phone Number
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South Carolina Auto Body Shop Pays $21,874 in Back Wages and Damages After U.S. Department of Labor Finds Overtime Violations

News Release

South Carolina Auto Body Shop Pays $21,874 in Back Wages and Damages After U.S. Department of Labor Finds Overtime Violations

SURFSIDE BEACH, SC After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Coastal Collision & Glass Inc. – an automotive body repair shop based in Surfside Beach, South Carolina – has paid $21,874 in back wages and liquidated damages to six employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators determined Coastal Collision & Glass Inc. failed to pay employees overtime when they worked more than 40 hours in a workweek, instead paying straight time rates for all the hours that they worked. The employer also failed to keep accurate records of hours worked for one employee. The law requires employers to pay most employees overtime at time-and-one-half their regular rates of pay for hours they work beyond 40 in a workweek.

“Our work continues to ensure that workers are paid the wages they have legally earned, and that employers compete on a level playing field,” said Wage and Hour Division District Director Jamie Benefiel, in Columbia, South Carolina. “We encourage all employers and employees to contact us for assistance in understanding their obligations and rights under the law. 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, confidential calls, or in-person visits 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
June 10, 2020
Release Number
20-1116-ATL
Media Contact: Eric R. Lucero
Phone Number
Share This
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