U.S. Department of Labor Investigation Results in Kentucky Lawn Service Company Paying $100,000 in Back Wages, Damages and Penalties

News Release

U.S. Department of Labor Investigation Results in Kentucky Lawn Service Company Paying $100,000 in Back Wages, Damages and Penalties

LOUISVILLE, KY After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Michael Osbourn – the owner of Mike Osbourn Lawn Care Inc. – will pay $76,067 in back wages and liquidated damages to 69 employees. The U.S. District Court for the Western District of Kentucky issued a consent judgment against the Shepherdsville, Kentucky-based employer for violating the minimum wage, overtime, and recordkeeping requirements of the Fair Labor Standards Act (FLSA). The employer will also pay $23,932 in civil money penalties.

WHD investigators determined the employer paid and reported the first 40 hours of each employee’s weekly hours on payroll, then paid for any additional hours in cash or with a separate check, all at straight-time rates. By doing so, he failed to pay overtime to employees who worked more than 40 hours in a workweek. WHD also found that Osbourn made illegal deductions from employees’ pay for uniforms and equipment repair that brought their wages below the federal minimum wage.

The Kentucky Labor Cabinet investigated Mike Osbourn Lawn Care Inc. in 2015 and found similar overtime violations. After receiving written notice of the violations, the employer failed to come into compliance. A previous state investigation led to the Department to allege that the violations were willful.

In addition to paying back wages, damages and penalties, Osbourn entered into the consent order and agreed to be permanently enjoined from violating the FLSA and to be monitored by a third party for a period of three years. Osbourn also agreed to secure a bond to ensure the payment of the back wages, liquidated damages, and civil money penalties.

“The result of this investigation and litigation will ensure that willful violators comply with federal law and wages are returned to the employees who legally earned them,” said Wage and Hour Division District Director Karen Garnett, in Louisville, Kentucky. “The Wage and Hour Division will continue to use all of its enforcement tools to secure the wages of hard-working employees and to level the playing field for employers who 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 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 25, 2019
Release Number
19-1514-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Michael D'Aquino
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U.S. Department of Labor Investigation Finds Federal Contractor Violated Wage Law in Georgia

News Release

U.S. Department of Labor Investigation Finds Federal Contractor Violated Wage Law in Georgia

ALBANY, GA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), XOtech LLC – a federal contractor based in Tyrone, Georgia – has paid $43,224 in back wages to five employees for violating requirements of the McNamara-O’Hara Service Contract Act (SCA), at the Marine Corps Logistics Base in Albany, Georgia.

WHD investigators determined XOtech LLC incorrectly classified some employees performing work on XOtech LLC’s contract, erroneously considering them to belong in job categories paid lower rates than those applicable to the work they actually performed. This misclassification caused the employer to pay prevailing wage rates lower than those the law requires. The employer also failed to record classifications and rates of pay required for the classes of employees accurately. 

Contractors and subcontractors awarded federal contracts must understand that incorrectly classifying employees can lead to numerous violations,” said Wage and Hour Division District Director Eric Williams, in Atlanta, Georgia. “The U.S. Department of Labor offers employers a wide variety of tools and free prevailing wage seminars to help them understand their responsibilities.”

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

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

For more information about the FLSA, SCA and other laws enforced by the WHD, 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
October 25, 2019
Release Number
19-1506-ATL
Media Contact: Michael D'Aquino
Media Contact: Eric R. Lucero
Phone Number
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Tennessee Butcher, Restaurant Pays $88,276 in Wages, Damages and Penalties After U.S. Department of Labor Finds Wage, Child Labor Violations

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Tennessee Butcher, Restaurant Pays $88,276 in Wages, Damages and Penalties After U.S. Department of Labor Finds Wage, Child Labor Violations

SUMMERTOWN, TN After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Shaffer Farms Custom Meats LLC and Shaffer Farms Texas Bar-B-Q restaurant has paid $69,514 in back wages and liquidated damages to 21 employees for violating the overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA). The Summertown, Tennessee-based butcher and restaurant will also pay a civil penalty of $18,762 for the willful nature of the wage violations and for federal child labor violations.

WHD investigators found the employer violated the overtime requirements of the FLSA when it paid workers for their first 40 hours of each workweek as regular pay, but then instead of paying overtime, coded any additional hours as a “bonus,” paid straight time rates. The employer paid one employee for their first 40 hours on the payroll, but then paid for additional hours at straight time, as an “independent contractor.” The employer also failed to include certain production bonuses employees earned in the calculation when they determined workers’ overtime rates. This exclusion resulted in employees being paid overtime rates lower than those required by law.

Additionally, WHD found that Shaffer Farms employed an employee younger than 18-years-old as a butcher, where he performed multiple functions prohibited by FLSA child labor requirements. Investigators found the minor operated a power-driven hoisting apparatus, a power-driven meat grinder, a meat slicer, and a power driven commercial meat saw, all of which are prohibited for workers under 18. The employer also failed to maintain required time and payroll records, resulting in recordkeeping violations.

“Child labor laws exist to strike a balance between providing meaningful work experience for young people and keeping them safe on the job,” said Wage and Hour Division District Director Nettie Lewis, in Nashville, Tennessee. “Our wage laws ensure that employees are paid for their work, and that employers compete on a level playing field. Investigations like this one send a clear message that employers must be vigilant about compliance with all of their legal responsibilities. We encourage all employers to review their obligations and to contact us for compliance assistance.”

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, child labor, 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 24, 2019
Release Number
19-1791-ATL
Media Contact: Michael D'Aquino
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Recovers $27,959 in Wages for South Carolina Real Estate Developer’s Employees after Finding Overtime Violations

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U.S. Department of Labor Recovers $27,959 in Wages for South Carolina Real Estate Developer’s Employees after Finding Overtime Violations

NORTH AUGUSTA, SC – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), TR Sales Plantation – a real estate developer in North Augusta, South Carolina – has paid $27,959 in back wages to eight employees for overtime violations of the Fair Labor Standards Act (FLSA).

WHD investigators found that TR Sales Plantation paid a straight-time hourly rate to employees, regardless of the number of hours they worked. This resulted in an overtime violation when the employer failed to pay overtime to employees when they worked more than 40 hours in the workweek. In addition, the WHD investigation found that TR Sales Plantation violated the recordkeeping provision of the FLSA.

"The results of this investigation should serve as an opportunity for other employers in this industry to examine their pay practices to ensure that they comply with federal law," said Wage and Hour District Director Jamie Benefiel, in Columbia, South Carolina. "The U.S. Department of Labor encourages all employers and employees to contact us with any questions they may have and to make use of the valuable resources we provide to help them understand their rights and obligations under the law. Violations like those found in this case can be avoided."

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 24, 2019
Release Number
19-1507-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Michael D'Aquino
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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

News Release

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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