LOS ANGELES, CA – The U.S. Department of Labor’s Wage and Hour Division recently concluded an agricultural employment focused educational and enforcement initiative that recovered $422,152 in back wages for 443 low-wage workers across California and assessed $85,168 in civil penalties primarily against growers in Central California.

Focused on compliance with transportation safety requirements, the initiative found widespread violations of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), and of the labor provisions of the H-2A visa program at 10 facilities and among the farm labor contractors investigated. The initiative included a balance of inspections and enforcement activities with a robust outreach effort by WHD investigators to provide compliance assistance to growers and non-profits, and to educate workers.

"The U.S. Department of Labor will continue to be on the lookout to ensure agricultural workers are paid the wages they have legally earned, and are also provided safe working, housing and transportation conditions," said Wage and Hour Division Regional Administrator Ruben Rosalez, in San Francisco, California. "We are always available to assist employers in understanding their responsibilities under federal laws. We encourage all employers to take advantage of the free resources we provide and avoid costly penalties."

WHD investigators inspected onion-growing operations in the high desert around Lancaster and Palmdale before moving to strawberry harvest operations in the Santa Maria area. H-2A and MSPA violations included failing to pay the required minimum wage, missing paychecks, unlawfully rejecting U.S. workers, failing to provide safe housing, and failing to meet safe transportation requirements for workers.

The most significant violations occurred at JV Harvesting in Santa Maria, Manuel Perez Farming in San Luis Obispo, Savino Farms in Santa Maria, La Palma Farms in Santa Maria, Big F Company in Santa Maria, Rio Vista Corp. in Santa Maria, San Cristobal Manufacturing in Oxnard, and Aztec Harvesting in Fresno.

For more information about the MSPA, H-2A, and other laws enforced by 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.

WASHINGTON DC – The U.S. Department of Labor's Wage and Hour Division (WHD) today announced a Notice of Proposed Rulemaking (NPRM) that would allow job creators to offer bonuses or other incentive-based pay to employees whose hours vary from week to week.

The proposal would revise the regulation for computing overtime compensation for salaried, non-exempt employees who work hours that vary each week (i.e., a fluctuating workweek) under the Fair Labor Standards Act (FLSA). It also clarifies that bonus and premium payments on top of fixed salaries are compatible with the fluctuating workweek method of compensation, and that supplemental payments must be included when calculating the regular rate of pay as appropriate under the FLSA. The proposal includes examples and minor revisions to make the rule easier to understand.

"This proposal offers more options for bonus pay and exemplifies the U.S. Department of Labor's commitment to reduce unnecessary burdens in order to benefit America's workers," said U.S. Secretary of Labor Eugene Scalia. "At a time when there are more job openings than job seekers, this proposal would allow America's workers to reap even more benefits from the competitive labor market."

"For far too long, job creators have faced uncertainty regarding their ability to provide bonus pay for workers with fluctuating workweeks," Wage and Hour Division Administrator Cheryl Stanton said. "This proposed rule will provide much-needed clarity for job creators who are looking for new ways to better compensate their workers."

This NPRM is available for public comment for 30 days. The Department encourages interested parties to submit comments on the proposed rule.

WHD's mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of America's workforce. WHD enforces federal minimum-wage, overtime-pay, recordkeeping, and child-labor requirements of the FLSA. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the 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.

WASHINGTON, DC – The U.S. Department of Labor today announced that the Wage and Hour Division (WHD) recovered a record $322 million in wages owed to workers in Fiscal Year 2019. WHD also set a new record for compliance assistance events in FY 2019, holding more than 3,700 educational outreach events – including on-the-ground presentations and trainings – to help job creators understand their responsibilities under the law.

“Through rigorous enforcement and robust compliance assistance, the U.S. Department of Labor is committed to ensuring that workers receive the wages they have earned,” said U.S. Secretary of Labor Eugene Scalia. “These record-breaking numbers top the Department’s totals from last year, which also set records, and confirm our ongoing commitment to strong enforcement and to providing employers with the tools they need to comply with the law.”

“We are delivering a level playing field for employers and employees alike,” said Wage and Hour Division Administrator Cheryl Stanton. “We are delivering more back wages for workers than ever before, and we are steadfastly eliminating any unfair economic advantage employers may try to gain by skirting the rules. We are protecting those who do the right thing, pay their employees what they have legally earned, and operate in compliance.”

WHD is constantly improving and expanding a data-driven approach coupled with stakeholder engagement allows the Agency to identify accurately the industries and sectors in which to focus resources most efficiently. A new Office of Enterprise Data and Analytics launched this month will ensure WHD uses the most cutting-edge tools and data sources available to guide decision making and secure the largest possible impact.

Visit www.dol.gov/whd for additional information about WHD’s work. Employers and employees are encouraged to contact WHD at 866-4US-WAGE with any compliance questions or for further information.

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 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.

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.

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.

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.

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.

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.

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.

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.