Arkansas Boat, ATV, Motorcycle Dealer Pays $26,265 in Back Wages After U.S. Department of Labor Finds Overtime Wage Violations

News Release

Arkansas Boat, ATV, Motorcycle Dealer Pays $26,265 in Back Wages After U.S. Department of Labor Finds Overtime Wage Violations

LITTLE ROCK, AR – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Bradford Marine Inc. – doing business as Bradford Marine & ATV headquartered in Little Rock, Arkansas – has paid $26,265 in back wages to 28 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA)

The investigation revealed that the marine, power sports and motorcycle dealership with locations in Hot Springs, Little Rock and Springdale, Arkansas; and Texarkana, Texas, violated FLSA overtime requirements when it failed to include monthly commissions paid to employees when calculating their overtime rates. Erroneously excluding these amounts resulted in the employer paying overtime at rates lower than those required by law. An exemption from the overtime requirements that applies to some commissioned employees did not apply in this case as less than half of the workers’ pay came from commissions. The employer also violated the FLSA’s recordkeeping provision.

“Employers must ensure they understand their obligations under the Fair Labor Standards Act,” said Wage and Hour Division District Director Hanz Grünauer, in Little Rock, Arkansas. “Employees must receive all the wages they have legally earned.”

The department updated the rules for how to calculate workers’ regular rate of pay when they work overtime.

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.

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 the division.

The mission of WHD is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the 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 McNamara-O'Hara 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
March 2, 2020
Release Number
20-332-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Conducts Education and Enforcement Campaign To Increase Compliance in Southeast’s Agricultural Industry

News Release

U.S. Department of Labor Conducts Education and Enforcement Campaign To Increase Compliance in Southeast’s Agricultural Industry

ATLANTA, GA – The U.S. Department of Labor’s Wage and Hour Division (WHD) is currently engaged in an education and enforcement initiative to increase compliance with federal labor laws in the Southeast’s agricultural industry, educate stakeholders, employers and employees, and to provide employers with compliance assistance.

Working with stakeholder organizations in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee, WHD explores a wide variety of methods for raising awareness among industry employers and provides them with information and tools to help them comply with applicable laws. As part of the initiative, WHD representatives have participated in regional educational outreach events hosted by local fruit and vegetable growers’ associations and farm bureaus. In the months ahead, outreach efforts will extend to various commodity groups, trade associations, agricultural extension agents and other governmental agencies to share information on various programs’ requirements.

Compliance assistance and enforcement work hand-in-hand, as the division continues to focus on decreasing violations in the agricultural industry. In calendar year 2019, WHD concluded investigations of more than 300 agricultural employers in its Southeast region, citing violations in 86 percent of those cases. These investigations found more than $1.4 million in back wages owed to more than 2,800 workers, and resulted in the assessment of more than $1.1 million in civil money penalties. WHD is also holding employers accountable by debarring 10 Southeast growers and farm labor contractors from the H-2A temporary labor certification agricultural program. In addition, the department liquidated more than $275,000 in employer surety bonds to secure back wages owed to workers.

“The U.S. Department of Labor is committed to ensuring that agricultural industry employees receive all the wages they have legally earned, that their employers comply with the law, and that the playing field remains level for law-abiding employers,” said Wage and Hour Division Regional Administrator Juan Coria, in Atlanta, Georgia. “Our outreach staff is available throughout the Southeast to provide employers and associations with compliance assistance resources, answer any questions they may have, and help them avoid costly violations. We encourage them to call us for free confidential assistance.”

WHD may suspend, revoke or withhold renewal of farm labor certificates for contractors that have committed multiple violations under the Migrant Seasonal Protection Act (MSPA) or that fail to comply with a final order requiring the payment of a civil money penalty for a violation. Employers are encouraged to review the MSPA ineligible farm labor contractor and H-2A debarment lists prior to contracting for labor.

WHD offers multiple compliance assistance resources to provide employers the tools they need to comply with the law. The division encourages employers to contact them to find out about upcoming compliance assistance events, to request information, or to ask specific questions. All calls are confidential.

For more information about MSPA, H-2A and other laws enforced by the division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at http://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
March 2, 2020
Release Number
20-252-ATL
Media Contact: Michael D'Aquino
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Investigation Finds South Carolina Electrical Contractor Violated Overtime Requirements

News Release

U.S. Department of Labor Investigation Finds South Carolina Electrical Contractor Violated Overtime Requirements

FORT MILL, SC – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Simpson Electric Co. – a residential electric company based in Fort Mill, South Carolina – has paid $21,500 in back wages to 116 employees for violating overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found Simpson Electric Co. failed to include quarterly bonuses it paid to employees when calculating their overtime rates when they worked more than 40 hours in a workweek. Instead, the employer based overtime only on employees’ base hourly pay. This exclusion resulted in the employer paying overtime at rates lower than those the law requires.

“Employers must have a clear understanding of which kinds of perks they need to include, and which they can exclude when calculating overtime,” said Wage and Hour Division District Director Jamie Benefiel, in Columbia, South Carolina. “Other employers should use the results of this investigation as an opportunity to review their own pay practices to make sure they are in compliance. We encourage them to reach out to us with questions, and to use the wide variety of tools we offer to help them 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, 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
February 25, 2020
Release Number
20-53-ATL
Media Contact: Michael D'Aquino
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Investigation Results in Charleston Holiday Inn Paying $58,233 in Back Wages and Damages for Overtime Violations

News Release

U.S. Department of Labor Investigation Results in Charleston Holiday Inn Paying $58,233 in Back Wages and Damages for Overtime Violations

CHARLESTON, SC After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Tara of Charleston LLC – a Charleston, South Carolina-area company operating a Holiday Inn – has paid $58,233 in back wages and liquidated damages to 55 employees for violating overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

WHD found that Tara of Charleston LLC paid the employees it hired through a Charleston staffing agency straight time for all the hours that they worked, resulting in violations when the employer failed to pay the workers overtime when they worked more than 40 hours in a workweek. Tara of Charleston LLC also failed to include certain bonuses employees earned in the calculation when they determined workers’ overtime rates. This exclusion resulted in employees being paid overtime rates lower than legally required. The employer also failed to pay employees for time they spent in short rest breaks, which is required by law, and failed to pay the correct overtime rate to tipped employees. WHD also cited recordkeeping violations for the employer’s failure to record workers’ short rest breaks as work time.

“This investigation serves as a reminder to other hotel employers to pay careful attention to Fair Labor Standards Act requirements concerning tips, breaks and overtime,” said Wage and Hour Division District Director Jamie Benefiel, in Columbia, South Carolina. “The U.S. Department of Labor makes many resources available to employers and employees to make them aware of rights and responsibilities. We encourage hotel employers and employees to contact us directly if they have questions about how employees must be paid.”

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 WHD, 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
February 25, 2020
Release Number
20-22-ATL
Media Contact: Michael D'Aquino
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Investigation Results in Slidell, Louisiana Contractor Paying $78,038 to 12 Employees

News Release

U.S. Department of Labor Investigation Results in Slidell, Louisiana Contractor Paying $78,038 to 12 Employees

SLIDELL, LA – After an investigation by the a U.S. Department of Labor’s Wage and Hour Division (WHD), Superior Air Conditioning and Heating LLC – based in Slidell, Louisiana – has paid $78,038 in back wages and fringe benefits to 12 employees for violating requirements of the Davis-Bacon and Related Acts (DBRA) and the Fair Labor Standards Act (FLSA)

Investigators determined that the company – which operates as Superior Services AC, Electric & Plumbing – failed to pay some employees the required prevailing wage, overtime and fringe benefit rates on a project subject to DBRA requirements. The employer inaccurately classified plumbers, sheet metal and electrical workers as laborers. Paying these workers at rates applicable to general laborers rather than those associated with their actual job classifications resulted in Superior Services paying wages lower than those required by law.

“Employees who perform work subject to federal prevailing wage rates must be paid the wages and benefits associated with the proper job classification,” said Wage and Hour Division District Director Troy Mouton, in New Orleans, Louisiana. “Misclassifying skilled workers as laborers, and paying those workers less than the applicable prevailing wage rate, is an avoidable violation which creates an unfair advantage for employers who pay lower wages than the law requires.”

Superior Air Conditioning and Heating LLC performed work as a subcontractor on a residential building project in Slidell, Louisiana. Indianapolis, Indiana-based Herman & Kittle Properties Inc. held the prime contract. The DBRA requires contractors and subcontractors performing work on federal and certain federally funded projects to pay workers prevailing wage rates and fringe benefits as determined by the U.S. Secretary of Labor and as included in their contracts.

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

The mission of WHD is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the 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
February 18, 2020
Release Number
20-164-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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U.S. Department of Labor to Host Roundtable to Discuss H-2A Program At Kansas State University Agricultural Research Center on Feb. 25, 2020

News Release

U.S. Department of Labor to Host Roundtable to Discuss H-2A Program At Kansas State University Agricultural Research Center on Feb. 25, 2020

HAYS, KS ­- The U.S. Department of Labor’s Wage and Hour Division (WHD) will host an Agricultural Roundtable Event focusing on compliance with the Fair Labor Standards Act (FLSA) and the H-2A Temporary Agricultural Employment of Foreign Workers Visa Program under the Immigration and Nationality Act (INA). The event will take place Feb. 25, 2020, at the Kansas State University (KSU) Agricultural Research Center in Hays, Kansas.

A WHD investigator will lead a discussion about employer obligations under federal law. Topics will include the FLSA’s minimum wage and overtime requirements, hourly vs. salary payments, timekeeping requirements and child labor, as well as requirements of the H-2A visa program. These requirements include contracts, recordkeeping, travel costs, meals, housing, transportation and the “three-quarter guarantee,” which ensures minimum amounts of available work for H-2A workers.

A roundtable discussion featuring frequently asked questions, and an open forum question and answer period with representatives of state and federal agencies will follow the presentation. Additional resources and compliance materials will be provided.

WHAT:
Wage and Hour Division H-2A Roundtable

WHEN:
Feb. 25, 2020

9:00 a.m. to 1:00 p.m. CST

WHERE:
KSU Agricultural Research Center

1232 240th Ave.
Hays, KS 67601

Register for the free event at: https://www.eventbrite.com/e/h-2a-rountable-event-tickets-91663964385

For additional information please contact Susan Lang at 316-361-2717 or lang.susan@dol.gov.

For more information about the H-2A program, visit the agency’s website at https://dol.gov/agencies/whd or call 866-4US-WAGE.

Agency
Wage and Hour Division
Date
February 11, 2020
Release Number
19-239-KAN
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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U.S. Department of Labor Investigation Results in Austin Restaurant Paying $98,520 in Owed Wages, Damages to Employees

News Release

U.S. Department of Labor Investigation Results in Austin Restaurant Paying $98,520 in Owed Wages, Damages to Employees

AUSTIN, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Polvos I LLC – doing business as Polvo’s Mexican Restaurant in Austin, Texas – has paid $98,520 in back wages and liquidated damages to 19 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators found that Polvo’s Mexican Restaurant paid kitchen employees flat weekly salaries without regard to the number of hours that they worked. This practice resulted in violations when employees worked more than 40 hours in a workweek, but the employer failed to pay them overtime. WHD also cited the employer for recordkeeping violations of the FLSA, and for failing to provide employees with information about the Family and Medical Leave Act.

“Employers must pay their employees all the wages they have legally earned,” said Wage and Hour Division District Director Nicole Sellers in Austin, Texas. “The results of this investigation offer an opportunity for other employers to review their pay practices to make sure they comply with the law. The U.S. Department of Labor is committed to ensuring that employers have the information and tools they need to avoid costly violations like those found in this investigation.”

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.

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 https://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.

Agency
Wage and Hour Division
Date
February 11, 2020
Release Number
20-276-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Recovers Back Wages and Damages For Oklahoma Healthcare Workers

News Release

U.S. Department of Labor Recovers Back Wages and Damages For Oklahoma Healthcare Workers

CUSHING, OK – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), AHS Cushing Hospital LLC – operating as Hillcrest Hospital Cushing in Cushing, Oklahoma – has paid $30,488 in back wages and liquidated damages to 12 employees to resolve violations of the overtime requirements of the Fair Labor Standards Act (FLSA).

Investigators found that the employer, a subsidiary of Ardent Health Systems, automatically deducted 30-minute meal breaks from employees’ work time regardless of whether or not they actually took those breaks. The employer violated the FLSA when it failed to pay employees for time they spent answering phones and continuing to perform their regular job duties through their scheduled breaks. The employer violated FLSA recordkeeping provisions by failing to keep accurate time records.

“Healthcare workers play a vital role in our society and must be paid for all the hours that they work,” said Wage and Hour Division District Director Michael Speer, in Oklahoma City, Oklahoma. “Other employers who automatically deduct break time from their employees should use the outcome of this investigation as an opportunity to evaluate their own practices to ensure they comply with the law. Employers can avoid costly violations like those in this case.”   

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

Employers who 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.

Agency
Wage and Hour Division
Date
February 11, 2020
Release Number
20-167-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Investigation Results in McDonald’s Franchisee Paying $48,258 For Violations of Federal Child Labor Laws, Additional $20,015 for Minimum Wage and Overtime Violations

News Release

U.S. Department of Labor Investigation Results in McDonald’s Franchisee Paying $48,258 For Violations of Federal Child Labor Laws, Additional $20,015 for Minimum Wage and Overtime Violations

LOUISVILLE, KY – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), NPT Partners I LLC – a Louisville, Kentucky-based franchisee of six McDonald’s restaurants – has paid a civil money penalty of $48,258 for violating child labor requirements of the Fair Labor Standards Act (FLSA). In addition, the franchisee has paid $20,015 in wages to eight employees for violating minimum wage and overtime requirements of the FLSA.

WHD investigators determined NPT Partners I LLC violated child labor requirements by employing 14- and 15-year-old employees to work outside of legally approved hours, and for more hours than allowed by law. Investigators found 66 minors worked more than 3 hours on a school day or more than 8 hours on a non-school day; worked more than 18 hours per week during school weeks or more than 40 hours per week in non-school weeks; and worked after 7:00 p.m. Labor Day through May 31 and after 9:00 p.m. June 1 through Labor Day – all FLSA violations. The employer also allowed 14- and 15-year-old employees to work in a hazardous occupation prohibited for this age group by engaging them in cooking activities involving deep-fat fryers not equipped with devices that automatically lower and raise the baskets into and out of the hot oil.

WHD also found NPT Partners I LLC violated the minimum wage requirement of the FLSA when they made an illegal deduction from an employee’s pay for a cash register shortage, causing the worker’s earnings to drop below the federal minimum hourly wage. The employer also violated overtime requirements by paying a salary to seven non-exempt employees and failing to pay them overtime when they worked more than 40 hours in a workweek.

“Child labor laws exist to strike a balance between providing meaningful work experience for young people and keeping them safe on the job while not interfering with their educational opportunities,” said Wage and Hour Division District Director Karen Garnett-Civils, in Louisville, Kentucky. “We encourage all employers – especially those who employ minors – to review their employment obligations and to contact the Wage and Hour Division for compliance assistance. Employers can avoid violations like those found in this case.”

WHD found the violations at the following Louisville locations operating as McDonald’s restaurants:

Store

Location

Hikes Store #5190

2961 Breckinridge Lane

Poplar Store #4924

3100 Poplar Level Rd.

Broadway Store #4776

207 W. Broadway

Dorsey Store #24375

9901 Ormsby Station Rd. 

Dutchman’s Store #23345

998 Breckinridge Lane

Lakeside Store #6806

2209 Taylorsville Rd. 

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 child labor standards, the FLSA, and other laws enforced by WHD, contact the division’s toll-free helpline at 866-4US-WAGE (487-9243). Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program.  Information is also available at 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
February 5, 2020
Release Number
20-189-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Michael D'Aquino
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St. Augustine Hospital to Pay $107,185 in Overtime Wages After U.S. Department of Labor Investigation Finds Violations

News Release

St. Augustine Hospital to Pay $107,185 in Overtime Wages After U.S. Department of Labor Investigation Finds Violations

ST. AUGUSTINE, FL After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Flagler Hospital Inc. – based in St. Augustine, Florida – will pay $107,185 in back wages to 141 employees for violating the overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found the hospital automatically deducted time from emergency room and labor and delivery employees’ timecards for meal breaks even when they worked through those breaks. This unpaid work time resulted in overtime being due when it occurred in workweeks longer than 40 hours. By improperly deducting the time, the employer also produced inaccurate records of the number of hours employees actually worked, violating FLSA recordkeeping requirements.

“Non-profit organizations are not excluded from the pay requirements of the Fair Labor Standards Act,” said Wage and Hour District Director Daniel White, in Jacksonville, Florida. “Employees must be paid all the wages they have legally earned. We encourage all employers to reach out to us for assistance and to use the variety of tools we offer to ensure that their pay practices comply with 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, 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
February 5, 2020
Release Number
20-139-ATL
Media Contact: Michael D'Aquino
Media Contact: Eric R. Lucero
Phone Number
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