Iowa Construction Company Pays $126,420 in Overtime Back Wages After U.S. Department of Labor Investigation Finds Violations

News Release

Iowa Construction Company Pays $126,420 in Overtime Back Wages After U.S. Department of Labor Investigation Finds Violations

SOLON, IA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), E & J Electric Inc. – based in Solon, Iowa, and operates as both E & J Electric Inc. & E & J Geothermal Inc. – has paid $126,420 in back wages to 25 current and former employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators determined the construction company violated overtime provisions when it failed to pay employees for time spent in required travel returning to the employer’s shop at the end of the workday. Instead, the employer stopped paying for workers’ time when they left the outlying job sites. Additional violations occurred when the employer offered employees compensatory time off in lieu of overtime pay when they worked more than 40 hours in a workweek. Private employers cannot offer “comp time” instead of paying overtime. WHD investigators also determined the company’s destruction of paper records – along with the unintentional deletion of computer records – resulted in FLSA recordkeeping violations.

“Federal law prohibits private companies from offering comp time off in lieu of wages earned, and requires companies to pay employees for time they spend traveling on behalf of the company during work hours,” said Wage and Hour District Director Marcy Boldman, in Des Moines, Iowa. “The Wage and Hour Division encourages employers to use the wide variety of compliance tools we offer to understand these pay requirements, and to contact us for guidance. Employers may call us and speak with a trained Wage and Hour professional about any questions they 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
January 27, 2020
Release Number
20-85-KAN
Media Contact: Scott Allen
Phone Number
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South Carolina Tobacco, Vape Retailer to Pay $46,748 in Back Wages, Damages after U.S. Department of Labor Uncovers Overtime Violations

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South Carolina Tobacco, Vape Retailer to Pay $46,748 in Back Wages, Damages after U.S. Department of Labor Uncovers Overtime Violations

COLUMBIA, SC – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Dab City Tobacco and Vape LLC, headquartered in Columbia, South Carolina, will pay $46,748 in back wages and liquidated damages to 31 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA). The department also assessed the employer a $21,235 civil money penalty for the willful nature of the violations.

WHD determined Dab City Tobacco and Vape failed to pay overtime to employees when they worked more than 40 hours in a workweek. Instead, the employer paid for overtime hours in cash, off the books, at straight-time rates. The employer also violated FLSA recordkeeping requirements when it failed to maintain accurate personnel and time records, and failed to display required FLSA posters in their establishments to inform workers of their rights. Dab City Tobacco and Vape operates six retail locations in in Columbia, West Columbia, Camden, and Leesville, South Carolina.

“The U.S. Department of Labor remains committed to ensuring employees receive all the wages they have rightfully earned,” said Wage and Hour District Director Jamie Benefiel, in Columbia, South Carolina. “When an employer willfully uses deceptive practices that prevent employees from collecting wages owed under the FLSA, we must respond. We encourage employers to call us any time or to use the many tools we offer to help them comply with the law, pay workers legally and avoid costly violations.” 

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
January 21, 2020
Release Number
19-2246-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Michael D'Aquino
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U.S. Department of Labor Investigation and Litigation Results in Consent Judgment Requiring New York Restaurants to Pay Back Wages and Liquidated Damages to 79 Current and Former Employees

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U.S. Department of Labor Investigation and Litigation Results in Consent Judgment Requiring New York Restaurants to Pay Back Wages and Liquidated Damages to 79 Current and Former Employees

WESTBURY, NY – The U.S. District Court for the Eastern District of New York has entered a consent judgment requiring three Long Island, New York-area restaurants and their owners to pay a total of $365,000 in back wages and liquidated damages to 79 current and former employees. The court action follows an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) and litigation by the department’s Office of the Solicitor. The defendants must also pay $15,000 in penalties.

 WHD found that Williston Town House in Williston Park, Old Westbury Diner in Old Westbury, Towers on the Green in Floral Park and owners Spiros Dimas and Baftije Dimas violated the overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA). Investigators found that cooks, bussers and dishwashers typically worked 60 hours a week or more but that the defendants paid those employees flat weekly salaries regardless of the number of hours that they worked. The defendants thus violated federal law by failing to pay overtime premiums for hours worked over 40 in a workweek. WHD also found that the defendants failed to maintain accurate time and pay records, at times failing to keep any time and pay records.

“Employers have a responsibility to understand federal wage laws that apply to their businesses, to pay employees properly and to record their employees’ work hours and pay rates accurately,” said Wage and Hour District Director David An in Westbury, New York. “The Wage and Hour Division offers multiple compliance assistance tools to help employers understand their responsibilities and legal obligations to their employees.”

“The U.S. Department of Labor will take appropriate and effective legal actions to ensure that employees receive the wages they have earned for their work,” said Regional Solicitor of Labor Jeffrey S. Rogoff in New York City. “Our work continues to level the playing field for employers.”

In addition to requiring the defendants to pay back wages, liquidated damages and penalties, the consent judgment prohibits them from violating the FLSA in the future. It also prohibits them from retaliating against or directly or indirectly soliciting or accepting any of the back wages or liquidated damages paid to employees. In addition, the judgment orders the defendants to, among other things, post notices for a period of two years in English, Spanish and Greek, informing employees of the settlement and their FLSA rights; distribute copies of WHD flyers and fact sheets detailing employees’ FLSA rights and overtime pay requirements to all current employees and new employees hired within one year. They must also use automated or otherwise FLSA-compliant timekeeping systems for all employees to reflect employees’ work hours accurately, including those of employees who work at multiple locations.

WHD’s Long Island District Office conducted the investigations. Trial attorneys Rosemary Almonte, Frances Y. Ma and Hollis V. Pfitsch litigated the case for the department’s Regional Office of the Solicitor in New York. View the complaint and consent judgment.

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 WHD, contact its toll-free helpline at 866-4US-WAGE (487-9243). 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 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
January 21, 2020
Release Number
20-3-NEW
Media Contact: Ted Fitzgerald
Media Contact: James C. Lally
Phone Number
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U.S. Department of Labor Investigation Results in Mississippi Wine And Liquor Store Paying $22,782 in Back Wages and Damages

News Release

U.S. Department of Labor Investigation Results in Mississippi Wine And Liquor Store Paying $22,782 in Back Wages and Damages

JACKSON, MS – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Warehouse Liquors & Wines Inc. – operating as Wines & Spirits in the Quarter in Jackson, Mississippi – has paid $22,782 in back wages and liquidated damages to six employees for violating the overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found the employer failed to pay employees overtime when employees worked more than 40 hours in a workweek. Instead, the employer paid workers their straight-time rates, in cash, for their overtime hours. The employer paid some workers flat salaries, without regard to the number of hours they worked. This pay practice also violated FLSA overtime requirements when those employees worked more than 40 hours in a workweek and the employer did not pay overtime. Wines & Spirits also failed to keep records of the number of hours employees worked, a violation of FLSA recordkeeping requirements.

“Employers must pay their employees the wages they have legally earned for all the hours they work,” said Wage and Hour Division District Director Audrey Hall in Jackson, Mississippi. “Intentionally paying straight-time rates instead of required overtime is not only an unlawful pay practice, but it gives the employer an unfair advantage over law-abiding employers. The Wage and Hour Division is available to assist any employers in understanding their obligations. 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
January 17, 2020
Release Number
19-2256-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 Detroit Area Car Wash Operator Paying $83,741 in Back Wages and Damages

News Release

U.S. Department of Labor Investigation Results in Detroit Area Car Wash Operator Paying $83,741 in Back Wages and Damages

DETROIT, MI – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Super Car Wash Systems & Holdings LLC – based in Royal Oak, Michigan – has paid $83,741 in back wages and damages to 60 current and former employees at nine Detroit metro-area car wash locations. WHD investigators found the employer violated overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

Investigators determined that Super Car Wash Systems & Holdings LLC failed to pay overtime at time-and-one-half employees’ regular rates of pay when they worked more than 40 hours in a workweek. Instead, the employer paid for overtime hours at workers’ straight-time rates, in cash. The employer also failed to maintain accurate records of overtime payments made and failed to display required postings, violating FLSA recordkeeping requirements.  

“Employers must pay their employees all the wages they have legally earned, and are required to maintain records of payments made to them – including those made in cash,” said Wage and Hour Division District Director Timolin Mitchell, in Detroit, Michigan. “Employers are encouraged to contact us to better understand their responsibilities so that they can avoid violations like those found in this case.”

Investigators found violations at the company’s Michigan locations in Eastpointe, Farmington, Royal Oak, Southfield, Walled Lake and Warren.

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
January 16, 2020
Release Number
19-2239-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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U.S. Department of Labor Investigation Results in Texas Trucking Company Paying $173,426 in Back Wages

News Release

U.S. Department of Labor Investigation Results in Texas Trucking Company Paying $173,426 in Back Wages

AUSTIN, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Rami Transportation Inc. – based in San Marcos, Texas – has paid $173,426 in back wages to 66 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators found that the general freight trucking company incorrectly classified some of its drivers as independent contractors and paid them based on a percentage of their weekly hauling revenue regardless of the number of hours they worked. The company violated federal law when it failed to pay overtime when employees worked more than 40 hours in a workweek. WHD also cited the employer for recordkeeping violations.

“Truck drivers must be paid every dollar they earn,” said Wage and Hour Division District Director Nicole Sellers in Austin, Texas. “Other employers should use the resolution of this case as an opportunity to review their own pay practices to ensure they comply with the law. We encourage them to contact us for assistance in understanding their responsibilities so that they can avoid violations like those found 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
January 15, 2020
Release Number
19-2137-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Issues Three New Wage and Hour Opinion Letters

News Release

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

WASHINGTON, DC – The U.S. Department of Labor today announced three new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). An opinion letter is an official, written opinion by the department's Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter.

The opinion letters issued today are:

  • FLSA2020-1: Addressing calculating overtime pay for a non-discretionary lump sum bonus paid at the end of a multi-week training period.
  • FMLA2020-1-A: Addressing whether a combined general health district must count the employees of the county in which the health district is located for the purpose of determining FMLA eligibility for its employees.
  • FLSA2020-2: Addressing whether per-project payments satisfy the salary basis test for exemption.

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

These are the 51st, 52nd and 53rd opinion letters issued by WHD since January 20, 2017.

WHD's mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce. WHD enforces Federal minimum wage, overtime pay, recordkeeping and child labor requirements of the FLSA. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the FMLA, 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
January 7, 2020
Release Number
20-0005-NAT
Media Contact: Emily Weeks
Phone Number
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U.S. Department of Labor Finds Georgia Contractor Violated Federal Wage Laws During Hurricane Florence Recovery Efforts in North Carolina

News Release

U.S. Department of Labor Finds Georgia Contractor Violated Federal Wage Laws During Hurricane Florence Recovery Efforts in North Carolina

RALEIGH, NC – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), an Athens, Georgia-based disaster relief company will pay $184,838 in wages to 18 employees after an investigation found the company violated federal wage and overtime laws while under contract to provide recovery services in several North Carolina locations in the aftermath of Hurricane Florence.

WHD investigators determined MLU Services Inc. violated the Fair Labor Standards Act (FLSA) when it paid some overtime-eligible employees flat salaries without regard to the number of hours that they worked. This practice violated FLSA overtime requirements when those employees worked more than 40 hours in a workweek but were not paid overtime.

WHD also found MLU Services paid quality control inspectors at rates below those required by the McNamara-O’Hara Service Contract Act (SCA) when they performed work on the employer’s contract with the Federal Emergency Management Administration. MLU Services paid the inspectors rates applicable to data entry personnel – rates lower than those required for the work they performed. The employer also failed to pay these employees fringe benefits required under the SCA.

“Employers must meet their obligation to pay their employees the wages they have legally earned,” said Wage and Hour Division District Director Richard Blaylock in Raleigh, North Carolina. “Contractors and subcontractors awarded federal contracts must understand that incorrectly classifying employees can lead to costly violations. The U.S. Department of Labor offers employers a wide variety of tools to help them understand their responsibilities.”

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

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

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

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the 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
January 6, 2020
Release Number
19-2157-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Michael D'Aquino
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Seattle Security Company Pays Employees $124,000 in Back Wages, Damages After U.S. Department of Labor Finds Overtime Violations

News Release

Seattle Security Company Pays Employees $124,000 in Back Wages, Damages After U.S. Department of Labor Finds Overtime Violations

SEATTLE, WA – A California-based security services provider has paid $124,029 in back wages and damages to 30 workers formerly employed as security guards at Amazon’s Seattle Spheres geodesic dome facilities, after a U.S. Department of Labor’s Wage and Hour Division (WHD) investigation found the employer violated requirements of the Fair Labor Standards Act (FLSA).

 WHD investigators found Security Industry Specialists Inc. failed to pay security guards overtime when they worked more than 40 hours in a workweek. Instead, the employer paid these workers as salaried workers, regardless of the number of hours they worked. Working through meal breaks, working Saturdays and working before and after their scheduled shifts resulted in these employees working more than 40 hours each week. The employer also failed to record the total number of hours employees actually worked, violating FLSA recordkeeping requirements.

 “Employers are required to pay their employees the wages they have legally earned for all the hours that they work,” said Wage and Hour Division District Director Thomas Silva in Seattle, Washington. “Paying an employee a salary does not necessarily mean they are exempt from or not entitled to overtime. The U.S. Department of Labor is committed to educating employers, to improving compliance with federal wage laws to ensure workers receive the wages they have earned, and, that employers compete on a level playing field.”

 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.

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
January 2, 2020
Release Number
19-2232-SAN
Media Contact: Leo Kay
Phone Number
Media Contact: Jose Carnevali
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South Carolina Poultry Catching Company Pays $96,782 to Employees After U.S. Department of Labor Uncovers Overtime Violations

News Release

South Carolina Poultry Catching Company Pays $96,782 to Employees After U.S. Department of Labor Uncovers Overtime Violations

MANNING, SC – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Quintanilla Poultry LLC – a poultry catching company based in Manning, South Carolina – has paid $96,782 in back wages to 55 employees for overtime and recordkeeping violations of the Fair Labor Standards Act (FLSA).

WHD investigators determined Quintanilla Poultry LLC paid its chicken catchers a piece rate, based on the number of loads of chickens each crew caught, without regard to the number of hours that they worked. By doing so, the employer failed to pay overtime when these employees worked over 40 hours in a workweek. Similar overtime violations resulted when Quintanilla Poultry paid some crew leaders a combination of fixed salaries each workweek without regard to the number of hours that they worked for supervisor duties performed and piece rates for catching and loading of chickens. The employer failed to pay overtime to crew leaders when they exceeded 40 hours in a workweek. The employer also failed to maintain accurate records of the number of hours each employee worked.

“Some employers mistakenly believe that paying employees by piece rate or on a salary automatically means that they do not have to pay them overtime,” said Wage and Hour District Director Jamie Benefiel, in Columbia, South Carolina. “We encourage employers to use the many tools we offer to learn about their responsibilities under the law, and to understand the requirements for employees paid in different manners. We also encourage employers to contact us directly with questions.”

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
January 2, 2020
Release Number
19-1659-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Michael D'Aquino
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