U.S. Department of Labor Finds Bay County, Florida, Convenience Stores Violated Federal Wage Laws after Charging Employees for Shortages

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U.S. Department of Labor Finds Bay County, Florida, Convenience Stores Violated Federal Wage Laws after Charging Employees for Shortages

BAY COUNTY, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Kajkunj Inc  and Ram Duhn LLC – two convenience stores and gas stations based in Bay County, Florida – will pay $28,724 in back wages and liquidated damages to employees for minimum wage, overtime and recordkeeping violations of the Fair Labor Standards Act (FLSA).

WHD determined Kajkunj Inc. – operating as M&M Market III in Youngstown – and Ram Duhn LLC – operating as M&M Market V in Panama City – made deductions from employees’ pay to account for cash register shortages and instances when customers drove off without paying for fuel. This resulted in some employees’ hourly rates dropping below the federal minimum wage of $7.25 per hour after those deductions. Both locations also paid employees straight time rates 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 were not paid overtime.

“The Fair Labor Standards Act requires employers to pay their employees at least the federal minimum wage and to pay overtime rates when applicable,” said Wage and Hour District Director Daniel White, in Jacksonville, Florida. “Other employers who may be making deductions from their employees’ pay like those discovered in this case should use this as an opportunity to review their own pay practices to ensure that they operate in compliance with the law. We encourage all employers to reach out to us for assistance. Violations like these 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 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.

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
October 24, 2019
Release Number
19-1776-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Michael D'Aquino
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U.S. Department of Labor Investigation Results in Home Hardware Supplier in Guam Paying $48,046 to 39 Employees for Overtime Violations

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U.S. Department of Labor Investigation Results in Home Hardware Supplier in Guam Paying $48,046 to 39 Employees for Overtime Violations

HAGATNA, GU – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), WMJ Inc. – doing business as Guam Home Center in Dededo, Guam – will pay $48,046 to 39 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators determined that the home hardware supplier violated overtime requirements when it failed to record and pay hourly employees accurately for all of the hours that they worked. The employer failed to count time that employees performed work before and after their scheduled shifts stocking merchandise, assisting customers, and balancing their daily sales records as work time. Failure to count these hours resulted in overtime violations whenever employees’ actual work time exceeded 40 hours per week. The employer also failed to pay required overtime to store managers who were not paid on a salary basis.

“Employers are responsible for ensuring employees receive all the wages they have legally earned, including wages for time worked before and after a scheduled shift,” said Wage and Hour District Director Terence Trotter, in Honolulu, Hawaii. “Employers who rely on a posted schedule must ensure that any additional work time is recorded and paid. We encourage all employers to make use of the many tools we offer online, and to call us directly with any questions they may have about 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. 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/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.

Agency
Wage and Hour Division
Date
October 23, 2019
Release Number
19-1824-SAN
Media Contact: Leo Kay
Phone Number
Media Contact: Jose Carnevali
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U.S. Department of Labor Investigation Results in Missouri Health Care Facility Paying $42,696 in Back Wages

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U.S. Department of Labor Investigation Results in Missouri Health Care Facility Paying $42,696 in Back Wages

FLORISSANT, MO – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) Helia Healthcare – doing business as Pillars of North County – has agreed to pay $42,696 in back wages to 99 current and former nursing staff employed at the long-term care facility in Florissant, Missouri. WHD investigators found violations of the overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

“Employers must understand how to calculate overtime properly to ensure that workers are paid all of the wages they have legally earned, and must ensure that they record all the hours employees actually work – these hours are sometimes very different than what appears on a posted schedule,” said Wage and Hour Division District Director Jim Yochim, in St. Louis, Missouri. “The U.S. Department of Labor is committed to ensuring employers have the tools they need to understand their responsibilities and operate in compliance. We encourage all employers to make use of the wide variety of tools we provide, and to call us directly with any questions.”
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
October 23, 2019
Release Number
19-1783-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 Bayonet Point, Florida, Construction Contractor Paying $33,795 in Back Wages, Damages

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U.S. Department of Labor Investigation Results in Bayonet Point, Florida, Construction Contractor Paying $33,795 in Back Wages, Damages

BAYONET POINT, FL After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Bayonet Plumbing, Heating & Air Conditioning LLC – based in Bayonet Point, Florida – has paid $33,795 in back wages and liquidated damages to 57 employees for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

A WHD investigation determined Bayonet Plumbing, Heating & Air Conditioning LLC – operating two Florida locations in Brandon and Clermont – issued technicians and installers’ payroll checks for the hours that they worked, and separate bonus or commission payments based on additional services offered to the customers. The employer violated FLSA overtime requirements when it failed to include those bonus and commission amounts in the calculation when computing employees’ overtime rates when they worked more than 40 hours in a workweek, instead basing overtime only on employees’ base pay. This exclusion resulted in the employer paying overtime at rates lower than those required by law.

WHD investigators also found that the employer paid some employees a second, separate check for welding jobs they performed aside from their primary payment for their technician and installation duties. The employer failed to add the hours spent welding with the hours spent in technician and installation duties, resulting in violations when those combined hours totaled more than 40 hours in a workweek without the employees receiving overtime.

“Employers must track and total all the hours employees work to ensure they are paid overtime as the law requires,” said Wage and Hour Division District Director James Schmidt, in Tampa, Florida. “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 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.

Agency
Wage and Hour Division
Date
October 22, 2019
Release Number
19-1814-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 North Carolina Healthcare Agency Paying $90,640 in Back Wages and Damages to Employees

News Release

U.S. Department of Labor Investigation Results in North Carolina Healthcare Agency Paying $90,640 in Back Wages and Damages to Employees

WILMINGTON, NC – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Care Providers of Wilmington Inc. – a healthcare agency based in Wilmington, North Carolina – has paid $90,640 in back wages and liquidated damages to 21 employees for violating minimum wage, overtime and recordkeeping violations of the Fair Labor Standards Act (FLSA).

WHD investigators determined Care Providers of Wilmington Inc. failed to pay its employees for travel time between patients’ homes when they visited more than one client in a day. Instead, employees were paid only for time spent in clients’ homes. The employer also incorrectly classified some employees as independent contractors when they worked more than 40 hours, paying the first 40 hours on the company’s payroll, but any hours beyond 40 at straight time, as an independent contractor. These practices resulted in violations when the employer failed to pay its employees overtime for any hours they worked over 40 in a workweek.

Additionally, the employer violated FLSA recordkeeping requirements when the employer failed to maintain accurate payroll records reflecting the actual number of hours employees worked, and the amounts of wages due to each employee.  

“Employers must pay employees all of the wages they have earned for all of the hours they have worked,” said Wage and Hour District Director Richard Blaylock, in Raleigh, North Carolina. “Employers must fully understand their responsibilities under the FLSA. Employers and employees alike are encouraged to call our offices to speak directly with trained Wage and Hour professionals and ask any questions they may have. Violations like those 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 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.

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
October 21, 2019
Release Number
19-1749-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 Vaping Shop Retailer Paying $63,842 in Back Wages, Damages

News Release

U.S. Department of Labor Investigation Results in Vaping Shop Retailer Paying $63,842 in Back Wages, Damages

SPRINGDALE, AR – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Jasleen Enterprises LLC–based in Springdale, Arkansas, and doing business as Vapor Maven – has paid $63,842 in back wages and liquidated damages to 103 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found Vapor Maven violated FLSA overtime requirements when the employer paid employees straight-time rates for hours they worked beyond 40 in a workweek. Specifically, Vapor Maven submitted only up to 40 hours per week to be paid to each employee on the payroll, then issued separate, second checks, at straight time, for any additional hours they had worked. The employer’s manipulation of the time records to eliminate the appearance of overtime also violated FLSA recordkeeping requirements.

“Employers must ensure that their employees receive all the wages they have legally earned,” said Wage and Hour Division District Director Hanz Grünauer, in Little Rock, Arkansas. “The Wage and Hour Division wants to help educate employers about these laws and encourages all employers to take advantage of the wealth of resources available from the Department. Employers or employees with questions are encouraged to visit our offices or call us to speak directly with a trained wage and hour professional.”

In addition to its Arkansas headquarters, Jasleen Enterprises LLC operates 60 Vapor Maven locations in Georgia, Kansas, Ohio, Oklahoma, Mississippi, Missouri and Texas.

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.

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/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 U.S.; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Agency
Wage and Hour Division
Date
October 17, 2019
Release Number
19-1742-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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Orange County Residential Care Home Operators Pays Workers $1,100,000 For Exploitive Working Conditions Resulting in Federal Violations

News Release

Orange County Residential Care Home Operators Pays Workers $1,100,000 For Exploitive Working Conditions Resulting in Federal Violations

LOS ANGELES, CA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), the U.S. District Court for the Central District of California entered a consent judgment resulting in two Orange County, California, residential care home operators paying $1,100,000 in back wages and liquidated damages to 66 employees for violations of the Fair Labor Standards Act (FLSA).

The final employee payments resolve a lawsuit related to working conditions at California care homes in Lake Forest and Mission Viejo, owned and operated by Lilibeth Ortiz and her husband Geraldo Ortiz. In addition to the couple, the suit included their businesses, namely Nuzon Corp., Margaret’s Villa Inc., Fil-Lyd Investments LLC and JuanJo Investments.

WHD investigators found the employer required employees to tend to clients with developmental disabilities at all hours of the day and night, resulting in employees working more than 87 hours per week. These long hours, combined with the employers’ practice of paying their employees a flat daily rate, resulted in employees receiving pay as low as $4 per hour for all the hours that they worked, a violation of FLSA’s minimum wage and overtime provisions.

Additionally, Lilibeth Ortiz and Geraldo Ortiz violated the FLSA’s anti-retaliation provisions during litigation. In one instance, shortly after settlement talks broke down, the defendants notified their live-in employees of pending eviction and later rescinded the notices after the Department responded promptly. In another instance, the defendants and their attorneys coerced employees into signing false or misleading statements about their working conditions. Evidence showed that Lilibeth Ortiz confronted employees individually to ensure that they would meet with her attorneys to help with her defense.

“Ensuring that workers receive all of the wages they have legally earned is a priority,” said Wage and Hour Administrator Cheryl Stanton. “The resolution of this case demonstrates our commitment to protecting workers, particularly in cases that involve retaliation or intimidation, and to leveling the playing field for employers who play by the rules.”

“In addition to subjecting employees to oppressive working conditions, the defendants attempted to silence workers and prevent them from exercising their rights,” said Regional Solicitor Janet Herold, in Los Angeles, California. “Enforcement of the Fair Labor Standards Act relies on brave employees who come forward. Thankfully, they did, notwithstanding the defendants’ concerted efforts at intimidation.” 

The judgment orders Lilibeth Ortiz and Geraldo Ortiz to take specific, affirmative steps to ensure FLSA compliance. The judgment requires the defendants to ensure accurate recording of the hours worked, with a time-clock system rather than handwritten timecards used previously. The defendants must also give employees notice of their rights under the FLSA in English and in Tagalog.

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.

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
October 17, 2019
Release Number
19-922-SAN
Media Contact: Leo Kay
Phone Number
Media Contact: Jose Carnevali
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Connecticut Restaurant Pays $39,314 in Back Wages and Damages After U.S. Department of Labor Investigates

News Release

Connecticut Restaurant Pays $39,314 in Back Wages and Damages After U.S. Department of Labor Investigates

HARTFORD, CT – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Nolita LLC – operating as Nolita Ristorante in East Hartford, Connecticut – and owner Vishal Sharma has paid $19,657 in back wages and an equal amount in liquidated damages to 14 current and former employees to resolve violations of the Fair Labor Standards Act (FLSA). 

The investigation found the employers violated FLSA minimum-wage provisions by failing to pay the federal minimum wage of $7.25 per hour for all the hours that they worked. Some dishwashers and front-of-the-house employees were paid flat weekly salaries in cash that failed to cover all the hours they worked at the minimum wage. This practice also resulted in overtime violations when those employees worked more than 40 hours in a workweek yet were not paid overtime. Additional minimum wage violations occurred when the employer failed to record or pay for all of the hours that some employees worked. The employers also violated recordkeeping requirements when they failed to keep accurate time and payroll records as required by law.

"Employers must pay their employees all the wages they have legally earned," said Wage and Hour District Director David R. Gerrain in Hartford, Connecticut. "Our goal is to ensure that employers have the tools they need to comply with the law, which levels the playing field for law-abiding competitors in the restaurant industry."

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 its toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at https://www.dol.gov/whd including a search tool to use if you think you 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 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
October 16, 2019
Release Number
19-589-BOS
Media Contact: James C. Lally
Phone Number
Media Contact: Ted Fitzgerald
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U.S. Department of Labor Investigation Results in Moline, Illinois, Restaurant Paying $78,970 in Back Wages to 33 Employees for Wage, Overtime Violations

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U.S. Department of Labor Investigation Results in Moline, Illinois, Restaurant Paying $78,970 in Back Wages to 33 Employees for Wage, Overtime Violations

MOLINE, IL – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) Osaka Steak House Sushi & Hibachi Inc. – doing business as Osaka Buffet in Moline, Illinois – will pay $78,970 in back wages to 33 current and former employees for violations of the minimum wage, overtime, and recordkeeping requirements of the Fair Labor Standards Act (FLSA.

WHD investigators found that the employer paid all employees flat weekly salaries, regardless of job type or the number of hours they worked in a workweek. In some instances, those salaries failed to cover all the hours that employees worked at the federal minimum wage of $7.25 per hour. Overtime violations occurred when the employer failed to pay overtime when these employees worked more than 40 hours in a workweek. Osaka Buffet also failed to maintain records of the number of hours employees worked and wage payments made to individual employees by both cash and check.

"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 Jim Yochim, in St. Louis, Missouri. "Simply because a pay practice may appear to be common in an industry does not mean that it is legal. Other employers should use this investigation as an opportunity to review their own 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."

For more information about the FLSA and other laws enforced by WHD, 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 https://www.dol.gov/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
October 15, 2019
Release Number
19-1752-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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U.S. Department of Labor Conducting Survey of Highway Construction Projects to Ensure Delaware Employees Covered by Proper Wage Rates

News Release

U.S. Department of Labor Conducting Survey of Highway Construction Projects to Ensure Delaware Employees Covered by Proper Wage Rates

PHILADELPHIA, PA – To help establish prevailing wage rates, the U.S. Department of Labor's Wage and Hour Division (WHD) is conducting a survey of highway construction projects in Delaware.

The survey includes wages paid on all highway construction projects – active between June 1, 2018, and May 31, 2019 – throughout the state of Delaware. The survey is not limited to federally funded construction projects. The information provided for this survey will be used to establish prevailing wage rates as required under the Davis-Bacon and Related Acts (DBRA).

"Davis-Bacon prevailing wage rates should reflect the actual wages and fringe benefits paid to construction employees where the work takes place," said Wage and Hour Division Regional Administrator Mark Watson, in Philadelphia, Pennsylvania. "The U.S. Department of Labor can best accomplish this goal with strong participation by the Delaware construction industry."

Without significant participation by contractors and other interested parties, wage rates may not fully reflect actual wages and wage determinations may be incomplete, which leads to requests for additional classifications. Wage data should be submitted for all projects meeting the criteria, regardless of funding sources.

Notification letters and data collection forms, known as WD-10s, are being sent to interested parties and contractors known to the WHD. Responses must be postmarked by March 27, 2020, to be included. To complete the survey electronically, visit www.dol.gov/whd/programs/dbra/wd10/index.htm.

You do not need to receive a letter to answer the survey. If you would like to participate, or have questions regarding the survey process or completing the WD-10 form, contact Angel A. Aguero at 267-687-4059.

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 laws 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
October 11, 2019
Release Number
19-1707-PHI
Media Contact: Leni Fortson
Media Contact: Joanna Hawkins
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