Houston Wing Stop Franchisee Pays $65,316 in Back Wages, Damages And Penalties To Resolve Violations Found by U.S. Department of Labor

News Release

Houston Wing Stop Franchisee Pays $65,316 in Back Wages, Damages And Penalties To Resolve Violations Found by U.S. Department of Labor

HOUSTON, TX – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Mylanwings Enterprises LLC – operator of a Wing Stop franchise in Houston, Texas – has paid $31,888 in back wages and an equal amount in liquidated damages to four employees and $1,540 in civil money penalties for willful violations of the Fair Labor Standards Act's (FLSA) overtime and minimum wage requirements.

WHD investigators found that the employer paid one employee a flat rate of $500 for more than 93 hours of work over a three-week period, resulting in a rate of pay below the required $7.25 per hour. The employer also failed to combine the hours individual employees worked at two of the restaurant's locations during the same workweek when determining whether overtime was due. Instead, the employer paid these employees with two separate checks under two different names, all at straight time, regardless of the total number of hours worked. This practice resulted in overtime violations when employees had worked more than 40 hours total. WHD also cited the employer for recordkeeping violations.

"Pay practices that willfully and repeatedly violate the minimum wage and overtime requirements of the law will not be tolerated," said Wage and Hour Division District Director Robin Mallett in Houston, Texas. "This employer has been found in violation in previous investigations. The U.S. Department of Labor will use every tool available to enforce the law."

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos, electronic toolkits, and in-person visits to 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 United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Agency
Wage and Hour Division
Date
December 2, 2019
Release Number
19-1787-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Investigation Results in California Farm Labor Contractor Paying $56,673 in Back Wages and Penalties

News Release

U.S. Department of Labor Investigation Results in California Farm Labor Contractor Paying $56,673 in Back Wages and Penalties

SALINAS, CA – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Empire Farm Labor Contractor – based in Salinas, California – has paid $38,260 in back wages to 79 employees for multiple violations found under the H-2A temporary agricultural worker visa program and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The contractor also paid $18,413 in civil money penalties for the violations found in Imperial County, California, that occurred from December 2018 to May 2019.

WHD investigators found Empire Farm Labor Contractor rejected a qualified U.S. worker who applied for a job, in violation of the H-2A requirements. The employer also failed to pay H-2A workers' transportation expenses for travel from their home countries, and retained H-2A workers' passports and visas. Empire violated MSPA requirements by transporting farm workers without the appropriate licensing.

"Farm labor contractors and all agricultural employers seeking H-2A workers must abide by all of the program's requirements," said Wage and Hour District Director Rodolfo Cortez in San Diego, California. "Our work in this area safeguards American jobs while protecting the wages and safety of all agricultural workers. We encourage H-2A employers to attend our educational outreach events to learn about their responsibilities and to allow us to answer directly any questions they may have."

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

For more information about the H-2A visa program, the 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.

Agency
Wage and Hour Division
Date
November 25, 2019
Release Number
19-2002-SAN
Media Contact: Leo Kay
Phone Number
Media Contact: Jose Carnevali
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U.S. Department of Labor Investigation Results in a Phoenix Kitchen and Bath Company Paying $30,000 in Lost Wages, Penalties

News Release

U.S. Department of Labor Investigation Results in a Phoenix Kitchen and Bath Company Paying $30,000 in Lost Wages, Penalties

PHOENIX, AZ – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Diamond Kitchen & Bath Inc. – based in Phoenix, Arizona – will pay $15,000 in civil penalties and an additional $15,000 in lost wages for violating federal law by requesting one of its employees to submit to a polygraph test.

WHD investigators found that Diamond Kitchen & Bath Inc.'s request for the employee to submit to the test failed to meet specific requirements under the Employee Polygraph Protection Act (EPPA) that would have allowed it.  The employer instructed the employee to submit to a polygraph test after a client reported the employee appeared to be under the influence of marijuana when he arrived to work at their residence. The employer later unlawfully terminated the employee after he failed to show up for the test. Federal law would have allowed the employer to require the employee to submit to a drug test, but not a polygraph.

"The U.S. Department of Labor provides many tools to help employers comply with the law and understand how to avoid costly violations like those in this case," said Wage and Hour Division District Director Eric Murray, in Phoenix, Arizona. "We encourage employers and employees with questions about any of their workplace rights or responsibilities to call us to speak confidentially with a trained Wage and Hour Division professional."

Enacted in 1988, the EPPA generally prohibits employers from requiring or requesting any employees or job applicants to take a lie detector test, and from discharging, disciplining or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the act. An employer may ask an employee to take a polygraph test only when there is a reasonable suspicion that the worker was involved in misconduct that resulted in economic harm to the employer.

For more information about the EPPA and other laws enforced by the Wage and Hour Division, contact the Division's toll-free helpline at 866-4US-WAGE (487-9243). 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
November 25, 2019
Release Number
19-1915-SAN
Media Contact: Leo Kay
Phone Number
Media Contact: Jose Carnevali
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U.S. Department of Labor Investigation Results in South Florida ServPro Franchisee Paying $201,508 in Back Wages

News Release

U.S. Department of Labor Investigation Results in South Florida ServPro Franchisee Paying $201,508 in Back Wages

BOYNTON BEACH, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Restoration Management 2013 Inc. – operating as ServPro in Boynton Beach, Florida – has paid $201,508 in back wages to 141 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found the restoration and remediation company violated FLSA overtime requirements when the employer paid employees straight-time rates, in cash, for all the hours that they worked. This practice resulted in violations when employees worked more than 40 hours in a workweek, but the employer failed to pay overtime. Additional violations occurred when the employer automatically deducted time from some employees’ timecards for meal breaks, even when they worked through their breaks. The employer also failed to maintain accurate payroll records and failed to display an FLSA poster, both violations of 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 Tony Pham, in Miami, Florida. “Our work continues to ensure that employees are paid as the law requires, and that employers compete on a level playing field. We encourage all employers to review their pay practices and their legal obligations and to contact the Wage and Hour Division for compliance assistance.”

The Wage and Hour Division encourages employees who may be owed back pay and worked for ServPro from March 2017 to February 2019, to contact the Division’s Miami District Office at 305-598-6607.

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
November 22, 2019
Release Number
19-2041-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 Kentucky Veterinary Clinic Paying Employee Back Wages and Damages for Failing to Accommodate Nursing Mother

News Release

U.S. Department of Labor Investigation Results in Kentucky Veterinary Clinic Paying Employee Back Wages and Damages for Failing to Accommodate Nursing Mother

FLORENCE, KY – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Pet Wellness Group PLLC – a veterinary medical clinic based in Florence, Kentucky – has paid $7,794 in back wages and liquidated damages to an employee for violating the nursing mothers’ provision of the Fair Labor Standards Act (FLSA).

WHD found Pet Wellness Group PLLC refused to allow an employee to take reasonable breaks to express breast milk for her newborn child. The FLSA provision states that employers must provide a reasonable break time to allow employees to express breast milk for a nursing child for up to one year after the child’s birth. In addition, employers must provide a location, other than a bathroom, shielded from view and free from intrusion from coworkers and the public for that purpose.

“The Wage and Hour Division enforces the Fair Labor Standards Act’s provision that protects a nursing mother’s right to express breast milk for her newborn children,” said Wage and Hour Division District Director Karen Garnett-Civils, in Louisville, Kentucky. “The law recognizes the unique needs of working mothers with newborn children and makes clear the accommodations that employers must make. Other employers should use the outcome of this investigation as an opportunity to review their own practices to ensure that they comply with the law.”

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

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/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
November 21, 2019
Release Number
19-1927-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 Judge Ordering New Jersey Farm to Pay $556,745 in Back Wages and Penalties

News Release

U.S. Department of Labor Investigation Results in Judge Ordering New Jersey Farm to Pay $556,745 in Back Wages and Penalties

SWEDESBORO, NJ – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), a U.S. Department of Labor administrative law judge (ALJ) has ordered Sun Valley Orchards, LLC – a farm in Swedesboro, New Jersey – to pay $344,945 in back wages and $211,800 in civil money penalties. Sun Valley Orchards, LLC will pay the back wages to 147 farmworkers, including 96 temporary foreign workers on H-2A visas.

Specifically, the ALJ found that the employer violated the H-2A provisions of the Immigration and Nationality Act when they:

  • Failed to provide workers with sanitary housing, and transported workers from their housing to the fields each day using unlicensed drivers and unsafe vehicles;
  • Terminated more than 20 workers without cause, in the middle of the growing season. The employer then attempted to coerce those workers to waive their right to employment for the time commitment required by the H-2A regulations by directing them to sign false statements; and
  • Denied workers access to the company's kitchen to cook their own food, and instead charged workers for meals and drinks, at a profit, resulting in illegal deductions from workers' wages.

"Sun Valley Orchards failed to honor its legal obligations and took advantage of these employees," said Wage and Hour District Director Charlene Rachor, in Lawrenceville, New Jersey. "The Wage and Hour Division offers employers a wide range of tools to help them understand their responsibilities, and provides direct support in person, by phone, and online for anyone that has specific questions about how to comply."

"The outcome of this case goes a long way in making these employees whole, and puts other employers in the industry on notice that they must abide by their obligations under the H-2A program," said Regional Solicitor of Labor Jeffrey S. Rogoff, in New York.

The WHD's Southern New Jersey District Office investigated the case, and Jason Glick and Jacob Heyman-Kantor of the Department's Regional Solicitor's Office litigated it.

The Immigration and Nationality Act authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature. H-2A employers must provide housing at no cost to H-2A workers and to workers in corresponding employment who are not reasonably able to return to their residence within the same day. If the employer elects to secure rental (public) accommodations for such workers, the employer is required to pay all housing-related charges directly to the housing's management. In addition, employers are required to either provide each covered worker with three meals per day at no more than a Department-specified cost, or to furnish free and convenient cooking and kitchen facilities where workers can prepare their own meals. Employer-provided or secured housing must meet all applicable safety standards. For more information about the laws enforced by the WHD, call the Division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://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
November 21, 2019
Release Number
19-2027-PHI
Media Contact: Leni Fortson
Media Contact: Joanna Hawkins
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U.S. Department of Labor Investigation Finds Florida Farm Labor Contractor Violated Guest Worker Visa Program Requirements

News Release

U.S. Department of Labor Investigation Finds Florida Farm Labor Contractor Violated Guest Worker Visa Program Requirements

LAKE PLACID, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Red Harvesting Inc. – a farm labor contractor based in Lake Placid, Florida – has paid $39,527 in wages to 119 employees for violating requirements of the H-2A visa program. The contractor also paid a $1,214 civil penalty, assessed by the Department.

WHD investigators determined that Red Harvesting Inc. failed to provide meals or kitchen facilities to employees, instead choosing to arrange for a caterer that the workers paid directly. In addition, Red Harvesting Inc. failed to meet safety and health requirements of the visa program by housing one employee at a hotel on mattresses laid on the floor despite a bed frame being available. WHD investigators also found Red Harvesting Inc. failed to meet transportation safety requirements when the reverse lights on one vehicle they used to transport workers failed to function.

“Agricultural employers that bring in temporary guest workers on H-2A visas are responsible for the required payment, housing and transportation of those individuals,” said Wage and Hour Division District Director Daniel White, in Jacksonville, Florida. “We will continue to safeguard American jobs, level the playing field for law-abiding employers, and ensure that workers are paid the wages that they legally earned. We offer a wealth of compliance information readily available to assist employers and farm labor contractors in understanding their obligations under the law. ”

For more information about the H-2A visa program 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/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
November 20, 2019
Release Number
19-1892-ATL
Media Contact: Michael D'Aquino
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Recovers $53,018 for Tampa Nursing Facility Employees after Investigation Reveals Overtime Violations

News Release

U.S. Department of Labor Recovers $53,018 for Tampa Nursing Facility Employees after Investigation Reveals Overtime Violations

TAMPA, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Gandy SNF LLC – a nursing facility based in Tampa, Florida – has paid $53,018 in back wages to 105 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators that found Gandy SNF LLC – operating as Gandy Crossing Care Center – automatically deducted time from employees’ hours for meal breaks regardless of whether workers actually took those breaks. This practice resulted in violations when employees worked through their breaks, and went unpaid for that time.  

“Employers have an obligation to pay their employees for all the hours that they work,” said Wage and Hour Division District Director James Schmidt, in Tampa, Florida. “Other employers who automatically deduct time for meal breaks should use this investigation as an opportunity to evaluate their practices to make sure they are capturing all their employees’ hours and not committing the same violation that we found in this case. The U.S. Department of Labor is committed to ensuring that businesses that violate labor laws do not gain an unfair advantage over those that play by the rules.”

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/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
November 20, 2019
Release Number
19-2015-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 Wyndham Hotel Franchisee Paying Back Wages, Damages, Penalties for Overtime Violations

News Release

U.S. Department of Labor Investigation Results in Wyndham Hotel Franchisee Paying Back Wages, Damages, Penalties for Overtime Violations

LITTLE ROCK, AR – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), LRWINS Hospitality LLC– doing business as Wingate by Wyndham and based in Little Rock, Arkansas – paid $12,060 in back wages and liquidated damages to 13 employees to resolve violations of the Fair Labor Standards Act (FLSA). WHD also assessed the employer $2,054 in civil money penalties.

An investigation of two Wingate locations operated by LRWINS Hospitality in Little Rock and North Little Rock, Arkansas, found the employer violated the overtime provisions of the FLSA when it paid overtime to employees after working 80 hours in a bi-weekly pay period, instead of after working 40 hours per workweek as required by the law. The employer also failed to combine the hours that employees worked at multiple locations in the same workweek when determining whether overtime was due, and failed to pay employees for travel time between locations. LRWINS Hospitality LLC also failed to keep an accurate record of all the hours that employees worked. LRWINS Hospitality LLC had been investigated by WHD in the past, yet remained out of compliance, prompting the civil penalty for the repeat nature of the current violations.

“The U.S. Department of Labor will continue to educate employers and enforce applicable laws to ensure employees are paid the wages they are due,” said Wage and Hour Division District Director Hanz Grünauer, in Little Rock, Arkansas. “The Department is committed to leveling the playing field for employers who abide by the law and should not find themselves at an economic disadvantage to those who do not.”

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.

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
November 14, 2019
Release Number
19-1731-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Investigation Results in Pipeline Contractor Paying $127,000 in Back Wages, Damages for Failing to Pay Overtime

News Release

U.S. Department of Labor Investigation Results in Pipeline Contractor Paying $127,000 in Back Wages, Damages for Failing to Pay Overtime

BORGER, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Team Industrial Services Inc. – operating in Borger, Texas – has paid $127,000 in back wages and liquidated damages to 38 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD found the Sugarland, Texas-based employer failed to pay employees for time they spent working before and after their scheduled shifts. Employees who reported to the firm’s location to pick up equipment prior to traveling to the actual worksite, and then returned that equipment at the end of the workday were not paid for that time. That unpaid work time resulted in overtime violations when it occurred in workweeks of 40 hours or greater. The employer’s failure to record that time resulted in recordkeeping violations.

“Employers must understand the law’s requirements for properly documenting the number of hours employees work,” said Wage and Hour Division District Director Evelyn Sanchez in Albuquerque, New Mexico. “These employees worked additional time in pre- and post-shift activities without pay. The U.S. Department of Labor will continue to ensure that employees are paid all the wages they have legally earned, and that employers have access to all the tools and information they need to comply with the law.”

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

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
November 14, 2019
Release Number
19-1730-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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