JENISON, MI – The U.S. District Court for the Western District of Michigan has ordered New Image Landscaping LLC and owner Jeremy Cizauskas to pay 32 former employees a total of $118,425 in back wages and damages, after a U.S. Department of Labor Wage and Hour Division (WHD) investigation. The court affirmed WHD’s findings that the Jenison, Michigan employer violated the Fair Labor Standards Act (FLSA) by denying landscape employees overtime after misclassifying them as independent contractors. 

WHD investigators determined the employees did not meet the criteria for classification as independent contractors because Cizauskas exercised control over the work they accomplished, including scheduling and providing equipment, training, and uniforms. The employer controlled pay rates and the hiring of employees working in his landscaping, lawn mowing, and snow removal business.

The court agreed the workers were not independent contractors, but rather employees, and were therefore entitled to overtime and ordered the employer to pay $59,212 in overtime back wages and an additional, equal amount in liquidated damages. WHD investigators found many of Cizauskas’ employees routinely worked in excess of 50 hours per week at a set hourly rate, and that the employer often failed to pay them for time that they worked when they missed their meal breaks.

“Employers must ensure that employees receive all the wages they have legally earned,” said Wage and Hour District Director Mary O’Rourke in Grand Rapids, Michigan. “Simply because a pay practice appears to be common in an industry does not necessarily mean that it complies with the law. Employers have a responsibility to understand federal wage laws that are applicable to their business. The Wage and Hour Division offers multiple compliance assistance tools to help employers understand their responsibilities and legal obligations to their employees.”

The court also issued an injunction requiring both New Image Landscaping and Cizauskas to comply with all provisions of the FLSA in the future.

WHD’s Grand Rapids, Michigan office investigated the case and the Department’s Office of the Solicitor in Chicago litigated the 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.

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.

Secretary of Labor v. Image Landscaping LLC, et.al,
Civil Action No. 1:18-cv-00429-SJB

AMARILLO, TX – After investigations by the U.S. Department of Labor’s Wage and Hour Division (WHD), The Plaza Restaurant – a restaurant chain in Texas – has paid $44,621 in back wages to 570 employees for violating the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements. Additionally, WHD assessed the employer $13,420 in civil money penalties for child labor violations of the FLSA.

WHD investigations at The Plaza Restaurant locations in Lubbock, Amarillo, Borger, Dumas, and Pampa, Texas, found the employer deducted from employees’ wages or accepted cash payments to pay for required uniforms. This practice resulted in violations when those deductions or payments reduced employees’ wages below the federal minimum wage of $7.25 per hour. The employer also systemically violated FLSA overtime provisions when it failed to pay salaried cooks overtime when they worked more than 40 hours in a workweek. The restaurant violated FLSA child labor provisions by permitting 14- and 15-year-old employees to work more than 8 hours on a non-school day, more than 3 hours on a day when school was in session, and later than the permitted evening hours. Additionally, the employer failed to keep records of the number of hours employees worked, as the FLSA requires. The Division also found that the employer failed to provide the general notice required by the Family and Medical Leave Act.

“Employers need to be very familiar with the Fair Labor Standards Act’s child labor requirements when hiring minors,” said Wage and Hour Division District Director Evelyn Sanchez in Albuquerque, New Mexico. “Those laws are in place to ensure that when children work, they are safe and the work does not jeopardize their health, well-being, or educational opportunities. Other employers should use this investigation as an opportunity to review their own pay practices to make sure they are in compliance. 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, electronic toolkits, 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, child labor, 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. Employers can find additional compliance assistance information on the Wage and Hour Division website.

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.

MONTGOMERY, AL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), the Montgomery Arc and two of its subsidiaries – Hanan Center and McInnis Recycling Center – will pay $541,597 in back wages to 80 employees for failing to meet the requirements of Section 14(c) of the Fair Labor Standards Act (FLSA). WHD also found that Hanan Center and McInnis Recycling Center violated requirements of Section 511 of the Rehabilitation Act.

Section 511 requires that individuals with disabilities receive career counseling, information and referral services from the state vocational rehabilitation agency and information about local opportunities for self-advocacy, self-determination and peer-mentoring training from the employer each year while working at subminimum wages under the FLSA’s Section 14(c). WHD found Hanan Center and McInnis Recycling Center failed to ensure workers were provided these services during subminimum wage employment. Investigators also determined the employers failed to conduct a prevailing wage survey and to adjust wage rates annually, as required. Failure to provide workers with disabilities the proper services each year negated the employers’ ability to pay subminimum wages that would otherwise have been allowed, resulting in WHD finding affected workers due the full federal minimum wage of $7.25 per hour.

WHD also found the Montgomery, Alabama-based Montgomery Arc automatically deducted 30 minutes per day from employees’ work time for meal breaks, regardless of whether employees actually took those breaks. This practice resulted in violations when employees worked through their breaks but were not paid for that time. The employer also failed to maintain records of daily and weekly hours staff worked, as well as the number of hours worked by workers with disabilities, a FLSA recordkeeping violation.

“The U.S. Department of Labor is committed to ensuring that all workers receive the wages legally due to them and to protecting workers with disabilities from exploitation in the workplace,” said Wage and Hour District Director Kenneth Stripling in Birmingham, Alabama. “We will continue to provide education and tools to employers to help them understand their responsibilities and how to comply with the law. Both Section 511 of the Rehabilitation Act and FLSA Section 14(c) require some very specific actions by employers. We encourage them to reach out to their local Wage and Hour Division office to speak with a trained professional about any questions they may have, and to avoid violations.”

Section 14(c) of the FLSA is designed to offer more job opportunities for workers with disabilities when their disability affects their productive capacity for the work being performed. After applying for and receiving a certificate from WHD, the employer may determine their employees’ productivity and calculate the appropriate commensurate wage as a percentage of the rate for experienced employees performing similar jobs in the area.

For more information about the FLSA, Section 14(c) 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.

LAS VEGAS, NV – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Bonito Michoacan Inc. – a restaurant in Las Vegas, Nevada – will pay $212,861 in back wages and liquidated damages to 71 employees after the U.S. Department of Labor’s Wage and Hour Division (WHD) found the employer violated the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found Bonito Michoacan Inc. failed to pay employees overtime when they worked more than 40 hours per week. Instead, the employer paid restaurant employees at their straight time rates, in cash, for overtime hours, and recorded some of those payments as a “bonus” in the payroll records. The employer’s failure to record and count mandatory staff meetings as work time led the employer to fail to pay employees for some of the hours that they worked, further contributing to the overtime violations. Bonito Michoacan also violated FLSA recordkeeping requirements by failing to maintain accurate time and payroll records.

“Employers are responsible for ensuring that they pay employees all the wages they have legally earned, including overtime, and for keeping accurate payroll records,” said Wage and Hour Division Assistant District Director Higinio Ramos, in Las Vegas, Nevada. “The U.S. Department of Labor is eager to assist employers to comply with the law and avoid violations such as 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. In addition, WHD provides employers with compliance assistance resources related to overtime to help them comply with the FLSA.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the Division’s 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 www.dol.gov/agencies/whd including a search tool to use if you think you may be owed back wages collected by WHD.

WHD's mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

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

SAN FRANCISCO, CA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Go Maps Inc. – an Internet-based car insurance company headquartered in San Francisco, California–has paid $110,730 in back wages and liquidated damages to 13 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found Go Maps Inc. - which does business as Go - paid sales agents a fixed salary for the hours that they worked, without regard to whether they exceeded 40 in a workweek, resulting in overtime violations. Some employees worked 60 hours per week on average, and as many as 70 hours during some periods. The employer also violated FLSA recordkeeping requirements by failing to maintain payroll and daily time records for employees throughout the investigative period.

“The Wage and Hour Division is committed to ensuring that employees receive the wages they have legally earned for all the hours they have worked – including legally required overtime,” said District Director Susana Blanco, in San Jose, California. “Investigations like this ensure that employees get paid 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. In addition, WHD provides employers with compliance assistance resources related to overtime to help them comply with the FLSA.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the Division’s 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 www.dol.gov/agencies/whd including a search tool to use if you think you may be owed back wages collected by WHD.

WHD's mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

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

COLUMBIA, SC – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Planet Vapor Inc. – an enterprise with five retail stores and a combined laboratory warehouse operating in Columbia, Lexington, West Columbia, and Irmo, South Carolina – has paid $66,410 in back wages and liquidated damages to 20 employees for violating the minimum wage, overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

WHD investigated Planet Vapor Inc. – operating as Planet Vapor – and found the employer paid some store managers a flat weekly salary that, when divided by the number of hours they worked, failed to cover those hours at the federal minimum wage of $7.25 per hour. The retailer also inaccurately classified managers and lab employees as exempt from the overtime requirements of the FLSA when none met the requirements for exemption and paid them straight-time for all the hours that they worked. This practice resulted in overtime violations when employees worked more than 40 hours per week without overtime payment. Investigators also determined the employer failed to include commissions and bonuses in some employees’ regular rates of pay when calculating their overtime rates. This exclusion resulted in the employer paying overtime rates lower than those required by law. The employer also violated the recordkeeping requirements of the FLSA when it failed to maintain accurate time and payroll records.

“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. “Employers must be aware of their responsibilities under the law, make sure to calculate their employees’ pay correctly and apply any overtime exemptions accurately. We encourage employers to call us any time to speak directly with one of our trained professionals if they have questions, or to use the many tools we offer online to help them comply with the law, pay workers legally and avoid 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 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/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.

MOUNT PLEASANT, PA – Silvis Group Inc. – a Mount Pleasant, Pennsylvania, landscaping company – has entered consent findings with the U.S. Department of Labor requiring payment of $74,290 in back wages and penalties for violating the labor provisions of the H-2B temporary visa program.

An investigation by the Department's Wage and Hour Division (WHD) determined - that from January 17, 2015, to January 7, 2017 - Silvis Group Inc. violated requirements of the H-2B visa program by:

• Denying employment for landscaping and grounds keeping positions to two qualified U.S. applicants, resulting in $8,414 in back wages for the U.S. applicants;
• Failing in some weeks to pay overtime at the correct rate, after illegally excluding bonus payments from the calculation, resulting in $4,457 in back wages for 30 H-2B employees from Mexico;
• Taking impermissible deductions for uniforms and housing in poor condition, resulting in $16,350 in back wages for 30 H-2B employees from Mexico;
• Failing to cooperate with and actively working to hinder the WHD investigation;
• Misrepresenting dates of temporary need and the number of employees needed on its Petition for a Nonimmigrant Worker and Foreign Labor Certification forms; and
• Failing to meet the requirement to contractually forbid third parties from seeking payment from employees.

Silvis Group Inc. has paid a civil money penalty of $45,068 for substantial and willful failure to comply with H-2B provisions.

"The H-2B visa program includes specific requirements employers must follow to participate. When employers fail to comply with these requirements, we will hold them accountable," said Wage and Hour District Director John DuMont, in Pittsburgh, Pennsylvania.

"This case highlights the U.S. Department of Labor's efforts to ensure that employers understand and abide by the provisions of the program to safeguard American employees against displacement while protecting foreign workers from being paid less than the wage they were promised," said Regional Philadelphia Solicitor Oscar L. Hampton III.

In addition to paying the back wages and penalty, Silvis Group Inc. agrees to future compliance with the H-2B provisions, and three years of monitoring with an independent third party auditor.

Before the U.S. Citizenship and Immigration Services can approve an employer's petition for H-2B visa workers, an employer must file an application with the Department stating that there are not sufficient U.S. employees who are able, willing, qualified, and available. The application must also affirm that the employment of non-immigrant, temporary workers will not adversely affect the wages and working conditions of similarly employed persons in the U.S.

For more information about the H-2B temporary visa program, FLSA, and other laws enforced by the WHD, 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.

AUSTIN, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), U.S. Security Service PLLC in San Marcos, Texas has paid $133,070 to resolve minimum wage and overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators found that the employer, which provides security services to clients in New Braunfels, San Marcos, Kyle and Austin, Texas, made deductions from employees’ wages to pay for uniforms. This practice resulted in violations when these deductions brought their hourly wages below the federally required $7.25 per hour. U.S. Security Service also incorrectly classified security guards as independent contractors and subsequently failed to pay them overtime when they worked more than 40 hours per week. WHD also cited the employer for recordkeeping violations.

“During the busy holiday season, security guards often work extra hours, and employers must pay them all of the wages they’ve legally earned,” said Wage and Hour Division District Director Nicole Sellers in Austin, Texas. “This case should remind all employees to review their pay and recordkeeping practices to ensure they pay their employees properly and avoid violations of the law. We encourage employers to contact the Wage and Hour Division for assistance in understanding 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. 

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.

BOISE, ID – After separate investigations by the U.S. Department of Labor's Wage and Hour Division (WHD), two agricultural employers in Idaho have paid a combined $24,625 in back wages to 19 employees for multiple violations found under the H-2A temporary agricultural worker visa program. The employers have also paid a total of $26,946 in civil money penalties.

WHD found Alan Brown – a commercial beekeeper and honey producer in Soda Springs, Idaho –  gave preferential treatment to H-2A workers by paying a U.S worker less for doing the same work. The employer also failed to meet housing safety and health requirements; pay transportation and other expenses to H-2A workers traveling to and from Peru; and meet the frequency of pay requirements.

Investigators also found that Brown retained the H-2A workers' passports and visas, failed to provide the employees with pay statements, failed to pay the required rates, and made impermissible pay deductions from workers' earnings.

In a separate investigation, WHD found Forrest Arthur – a sheepherder and agricultural grower and harvester in Paul, Idaho – in violation of several H-2A visa program requirements. Investigators determined Arthur failed to reimburse H-2A workers from Peru and Mexico for transportation expenses to and from their home countries, failed to pay the required rates of pay to some workers, and failed to meet required housing and transportation safety requirements.

"Investigations like these demonstrate the continued need for agricultural employers to understand and abide by the labor provisions of the H-2A visa program," said Wage and Hour District Director Thomas Silva in Portland, Oregon. "Our work in this area safeguards American jobs while protecting the wages of all agricultural workers. We urge employers to use the many tools and resources we offer to ensure that employees get paid as the law requires and that employers compete fairly 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, electronic toolkits, or in-person visits with local WHD staff.

For more information about the H-2A visa program, the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 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/whd, including a search tool for workers who may be owed back wages collected by WHD.

WHD's mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

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

SAN FRANCISCO, CA – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), American West Medical Transport – a northern California non-emergency medical transport company – will pay $147,416 in back wages to 36 employees for violations of the overtime provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found American West Medical Transport paid drivers flat salaries, without regard to the number of hours they worked. By doing so, the employer failed to pay them overtime when those employees worked more than 40 hours in a workweek, as required. Additional violations occurred when the employer paid hourly workers straight-time rates for their overtime hours. The Elk Grove, California-based employer also failed to record the total number of hours employees actually worked accurately, a violation of FLSA recordkeeping requirements.

"Simply because a pay practice appears to be common within an industry does not necessarily mean that it complies with the law," said Wage and Hour Assistant District Director Nora Pedraza, in Sacramento, California. "The U.S. Department of Labor is committed to educating employers and improving compliance to ensure workers receive the wages they have earned and that employers compete on a level playing field. Violations like those found in this investigation can be avoided."

American West Medical Transport provides non-emergency medical transportation in and around the greater Sacramento and San Jose areas.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the Division's 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 www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by WHD.

WHD's mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.