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.

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.

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.

WEST POINT, GA – A West Point, Georgia, custom machine and fabrication company has paid $1,060 to an employee after the U.S. Department of Labor determined the employer wrongly denied emergency paid sick leave for a qualifying reason covered under the Emergency Paid Sick Leave Act (EPSLA) provisions of the Families First Coronavirus Response Act (FFCRA).

WHD found that Custom Machine & Fabrication Inc. denied the employee emergency paid sick leave despite a healthcare provider’s recommendation to self-quarantine while awaiting test results for the coronavirus.

“This case demonstrates that the U.S. Department of Labor is working to protect employee rights and educate employers during the coronavirus pandemic,” said Wage and Hour Division District Director Karen Garnett-Civils, in Louisville, Kentucky. “We encourage all employers and employees to call us for assistance to improve their understanding of the new requirements under the Family 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 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.

NORTH BRANCH, MN – An investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) has led the City of North Branch, Minnesota, to pay $1,696 in back wages to an employee denied paid sick leave after her healthcare provider recommended a 14-day quarantine for reasons related to coronavirus.

WHD investigators found the municipality violated the Emergency Paid Sick Leave Act provisions of the Families First Coronavirus Response Act (FFCRA) when it denied the employee leave. The employee also requested time off under the Emergency Family Medical Leave Extension Act when her child’s care provider became unavailable due to coronavirus-related reasons. When advised of its obligations under the FFCRA, the city agreed to pay the back wages.

“Both public and private sector employers must take all necessary steps to comply with the Families First Coronavirus Response Act and provide employees paid sick leave to care for themselves and family members when required,” said Wage and Hour Division Assistant District Director Kristin Tout, in Minneapolis, Minnesota. “The U.S. Department of Labor is working to protect employee rights and educate employers during the coronavirus pandemic. We encourage employers and employees to call us for assistance to improve their understanding of the new requirements under the Families First Coronavirus Response Act and use our educational online tools to avoid violations like those found in this case.”

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 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.

DES MOINES, IA – BAH Brazilian Steakhouse has paid 14 employees $3,059 in back wages after the U.S. Department of Labor’s Wage and Hour Division (WHD) found the Des Moines, Iowa, restaurant failed to pay employees for the last payroll period worked prior to the restaurant’s closure due to the coronavirus pandemic.

Investigators found the company violated the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) by not issuing payroll. The restaurant initially posted a sign telling employees and customers they had closed permanently, but later amended it to say they were closing temporarily due to the pandemic.

“Even during this difficult time, the Wage and Hour Division is working to ensure employers comply with federal law so that every employee receives the wages they have rightfully earned,” said Wage and Hour District Director Marcy Boldman in Des Moines, Iowa. “In these unprecedented times for employers and employees alike, many businesses have closed their doors or seen their business decline. If employees performed work for their employer, the employer is still legally obligated to pay those employees on payday.”

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 – including the Families First Coronavirus Response Act (FFCRA) – 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.

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. Information is available at https://www.dol.gov/agencies/whd.

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

ATLANTA, GA – The U.S. Department of Labor’s Wage and Hour Division (WHD) determined that the Georgia Department of Human Services wrongly denied emergency paid sick leave to an employee who needed to miss work to care for a child whose school closed due to the coronavirus. As a result, the employer paid $848 in back wages as required under the Emergency Paid Sick Leave Act (EPSLA) provisions of the Families First Coronavirus Response Act (FFCRA).

The division found that Georgia Department of Human Services initially approved the employee’s leave request, but later denied it and instead offered multiple telework options. After receiving clarification from WHD that an employee unable to telework may take EPSLA leave to care for a child whose school or place of care closed due to the coronavirus, the employer acknowledged the error and agreed to pay the back wages at the required two-thirds of the employee’s regular rate of pay. To ensure future compliance, the employer changed their policy for their 9,000 employees and requested FFCRA training for their Human Resources staff from WHD.

“The U.S. Department of Labor is working to protect employee rights and educate employers during the coronavirus pandemic,” said Wage and Hour Division Acting District Director Derrick Witherspoon, in Atlanta, Georgia. “We encourage all employers and employees to call us for assistance to improve their understanding of the new requirements under the Family 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.

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.  

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.

SAN ANTONIO, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) Food Management Partners – based in San Antonio, Texas – has paid $1.3 million to 3,000 employees for violations of the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA).   

WHD found the restaurant management company – which does business as Hometown Buffet, Old Country Buffet, Ryan’s, and other brands in the U.S. – missed payroll in March 2020, and by doing so, failed to pay required minimum wage and overtime wages to 3,000 employees at more than 75 locations.

“Employers must pay their employees all the wages they have legally earned,” said Wage and Hour District Director Cynthia Ramos in San Antonio, Texas. “The results of this investigation should send a strong message to all employers that the Wage and Hour Division will continue to protect workers’ rights and level the playing field for employers. We encourage employers to reach out to us and to use the many tools we provide to help them understand their responsibilities.”

WHD worked to identify employees nationwide affected by the missed payroll. Both hourly and salaried personnel at more than 75 locations were affected. Food Management Partners and its representatives cooperated throughout the investigation, and paid all of the workers what they were owed.

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

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

The mission of WHD is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the 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’s Wage and Hour Division (WHD) today announced a final rule that allows employers to offer bonuses or other incentive-based pay to employees whose hours vary from week to week.

The rule revises the regulation for computing overtime compensation for salaried, non-exempt employees who work hours vary each week (i.e., a fluctuating workweek) under the Fair Labor Standards Act (FLSA). It also clarifies that bonuses, premium payments, commissions and hazard pay on top of fixed salaries are compatible with the fluctuating workweek method of compensation, and that employers must include supplemental payments when calculating the regular rate of pay as appropriate under the FLSA. The final rule includes examples and minor revisions to make the rule easier to understand.

“This final rule offers another example of how the U.S. Department of Labor is working to reduce unnecessary regulatory burdens in order to benefit American workers,” said U.S. Secretary of Labor Eugene Scalia. “Because of the clarity provided by this rule, employers will know they can pay workers’ bonuses in a broader range of circumstances. This rule comes at a time when millions of Americans are returning to work and will benefit from added flexibility in compensation.”

“For far too long, job creators have faced uncertainty regarding their ability to provide bonus pay for workers with fluctuating workweeks,” Wage and Hour Division Administrator Cheryl Stanton said. “This final rule will provide much needed clarity for job creators who are looking for new ways to better compensate their workers. As employers navigate the challenges of the coronavirus, the rule enhances flexibility to provide hazard pay, and to promote health and safety in the workplace through flexible work schedules that stagger start and end times and implement social distancing in the workplace.”

The Notice of Proposed Rulemaking was available for public comment for 30 days. The Department received approximately 36 comments on the proposal, all of which are available to the public at www.regulations.gov.   

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of America’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child-labor requirements of the FLSA. 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.

AVON, IN –A truck driver has received $3,017 in back wages after being denied emergency paid sick leave while he was experiencing coronavirus symptoms and seeking a medical diagnosis. The U.S. Department of Labor’s Wage and Hour Division found the employer – Mahant Trucking based in Avon, Indiana – violated the Emergency Paid Sick Leave Act provisions of the Families First Coronavirus Response Act (FFCRA).

“Employers must take all necessary steps to comply with the Families First Coronavirus Response Act and provide employees paid sick leave to care for themselves and family members when required,” said Wage and Hour Division District Director Patricia Lewis, in Indianapolis, Indiana. “We encourage all employers to contact the Wage and Hour Division to better understand their responsibilities under this new law so that they can avoid similar violations.”

The FFCRA requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to the coronavirus. The department’s WHD administers and enforces the new law’s paid leave requirements. Learn more about the FFCRA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Download an FFCRA poster.

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. Information is available at https://www.dol.gov/agencies/whd.

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