U.S. Department of Labor Fines New Orleans Restaurant For Violating Child Labor Laws After Minor Suffers Oil Burns

News Release

U.S. Department of Labor Fines New Orleans Restaurant For Violating Child Labor Laws After Minor Suffers Oil Burns

NEW ORLEANS, LA – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Jacques-Imo Café – a restaurant based in New Orleans, Louisiana – has paid $55,288 in civil money penalties for violating multiple child labor provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found the restaurant violated child labor provisions by employing a 13-year-old, which is below the minimum employment age of 14 years. This minor suffered third-degree burns over more than a third of his body when he tripped and fell as he carried hot oil which he emptied from the kitchen's deep fryer. The FLSA prohibits minor employees from cleaning fryers when the oil temperature exceeds 100 degrees. The investigation also found that this minor, along with a 15-year-old employee, worked beyond the hours permitted for employees less than 16 years old. These minors worked past the evening hour limit of 7:00 p.m. during the school year, or 9:00 p.m. from June 1 through Labor Day, when they worked as late as 1:00 a.m. The minors also worked more than 40 hours per week, more than 8 hours on a non-school day, more than 3 hours on a day when school is in session, all in violation of the law.

"The child labor provisions of the FLSA ensure minors gain a positive work experience that does not hinder their education and well-being," said Wage and Hour Division District Director Troy Mouton in New Orleans, Louisiana. "Companies can avoid child labor violations, penalties, and injuries by understanding and abiding by the FLSA's child labor provisions. We encourage employers to reach out to us with any questions and to take advantage of the many tools available to them to help them comply with the law."

Children under 14 who are covered by the FLSA may not be employed in non-agricultural occupations. Youth under 18 are prohibited from operating, setting up, adjusting, repairing, oiling, or cleaning machines deemed hazardous by the Secretary of Labor. Youth ages 14 and 15 may be employed outside school hours in a variety of non-manufacturing and non-hazardous jobs for limited periods of time and under specified conditions.

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
September 24, 2019
Release Number
19-1436-DAL
Media Contact: Chauntra Rideaux
Media Contact: Juan Rodriguez
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U.S. Department of Labor Issues Final Overtime Rule

News Release

U.S. Department of Labor Issues Final Overtime Rule

WASHINGTON, DC – Today the U.S. Department of Labor announced a final rule to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA).

"For the first time in over 15 years, America's workers will have an update to overtime regulations that will put overtime pay into the pockets of more than a million working Americans," Acting U.S. Secretary of Labor Patrick Pizzella said. "This rule brings a commonsense approach that offers consistency and certainty for employers as well as clarity and prosperity for American workers."

"Today's rule is a thoughtful product informed by public comment, listening sessions, and long-standing calculations," Wage and Hour Division Administrator Cheryl Stanton remarked. "The Wage and Hour Division now turns to help employers comply and ensure that workers will be receiving their overtime pay."

The final rule updates the earnings thresholds necessary to exempt executive, administrative, or professional employees from the FLSA's minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses (and commissions) towards meeting the salary level. The new thresholds account for growth in employee earnings since the currently enforced thresholds were set in 2004. In the final rule, the Department is:

  • raising the "standard salary level" from the currently enforced level of $455 to $684 per week (equivalent to $35,568 per year for a full-year worker);
  • raising the total annual compensation level for "highly compensated employees (HCE)" from the currently-enforced level of $100,000 to $107,432 per year;
  • allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to 10 percent of the standard salary level, in recognition of evolving pay practices; and
  • revising the special salary levels for workers in U.S. territories and in the motion picture industry.

The final rule will be effective on January 1, 2020.

The increases to the salary thresholds are long overdue in light of wage and salary growth since 2004. Nearly every person who commented on the Department's 2017 Request for Information, participated at listening sessions in 2018 regarding the regulations, or commented on the Notice of Proposed Rulemaking agreed that the thresholds needed to be updated for this reason.

The Department estimates that 1.2 million additional workers will be entitled to minimum wage and overtime pay as a result of the increase to the standard salary level. The Department also estimates that an additional 101,800 workers will be entitled to overtime pay as a result of the increase to the HCE compensation level.

A 2016 final rule to change the overtime thresholds was enjoined by the U.S. District Court for the Eastern District of Texas on November 22, 2016, and was subsequently invalidated by that court. As of November 6, 2017, the U.S. Court of Appeals for the Fifth Circuit has held the appeal in abeyance pending further rulemaking regarding a revised salary threshold. As the 2016 final rule was invalidated, the Department has consistently enforced the 2004 level throughout the last 15 years.

More information about the final rule is available at https://www.dol.gov/whd/overtime2019/.

The Wage and Hour Division's (WHD) 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 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.

Agency
Wage and Hour Division
Date
September 24, 2019
Release Number
19-1715-NAT
Media Contact: Emily Weeks
Phone Number
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Texas Construction Company Pays Back Wages to Misclassified Employees After U.S. Department of Labor Investigation Finds Violations

News Release

Texas Construction Company Pays Back Wages to Misclassified Employees After U.S. Department of Labor Investigation Finds Violations

SPRING, TX – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Aztec Construction Inc. – doing business as RSP Aztec Construction Inc. in Spring, Texas – has paid $25,380 in back wages to five employees for violating the Fair Labor Standards Act's (FLSA) overtime requirements.

WHD investigators found the employer classified its employees improperly as independent contractors, leading to overtime violations when the employer paid straight-time rates after employees worked more than 40 hours in a week. The law requires the employer pay time-and-one-half an employee's regular rate of pay for hours the employees work over 40 in a workweek. Aztec Construction also failed to keep required time and payroll records, violating federal recordkeeping provisions.

"Improperly categorizing employees as independent contractors can lead to costly overtime violations that simultaneously short employees and create unfair competition for employers who obey the law," said Wage and Hour Division District Director Robin Mallett in Houston, Texas. "We encourage all employers to review our information online or come to our office for assistance in understanding their obligations under 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 to local WHD offices.

Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. For more information about the FLSA 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
September 23, 2019
Release Number
19-1569-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Investigation Results in Georgia Contractor Paying $58,838 Penalty for Child Labor Violation

News Release

U.S. Department of Labor Investigation Results in Georgia Contractor Paying $58,838 Penalty for Child Labor Violation

OCHLOCKNEE, GA – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Rite-A-Way Mowers LLC – a Buena Vista, Georgia-based mowing contractor – has paid a civil penalty of $58,383 violating federal child labor laws when it employed a 15-year-old to operate a power-driven weed cutter. The minor drowned while clearing brush along Georgia's Ochlockonee River.

WHD's investigation found the employer violated the Fair Labor Standards Act's (FLSA) child labor requirements when it employed the teen to operate equipment prohibited for use by workers less than 16-years-old. Regulations specifically prohibit employers from employing 14- and 15-year olds in occupations that involve operating any power-driven machinery, including weed-cutters. Investigators also determined that Rite-A-Way Mowers employed the minor to work outside of the restricted hours allowed for 14- and 15-year-old workers, and for more hours than allowed by law when school is in session. At the time of the incident, school was in session in the district the minor would have attended.

"This case offers a sobering and sad reminder of the importance of the child labor provisions of the Fair Labor Standards Act, and why the safety of young workers remains a priority for the U.S. Department of Labor's Wage and Hour Division," said Wage and Hour Division District Director Eric Williams, in Atlanta, Georgia. "Employers must fully understand their obligations to ensure minors work in a safe environment. We encourage those companies that employ minors to review child labor laws, and to contact us for further assistance. This tragic death underscores why compliance is not optional."

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.

Read this news release En Español

Agency
Wage and Hour Division
Date
September 20, 2019
Release Number
19-1647-ATL
Media Contact: Michael D'Aquino
Media Contact: Eric R. Lucero
Phone Number
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South Carolina Security Contractor Pays $40,077 in Wages After U.S. Department of Labor Finds Federal Contract Wage and Benefit Violations

News Release

South Carolina Security Contractor Pays $40,077 in Wages After U.S. Department of Labor Finds Federal Contract Wage and Benefit Violations

COLUMBIA, SC – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Grids Security Services LLC – based in Columbia, South Carolina – has paid $40,077 in back wages to nine employees, for violating requirements of the Fair Labor Standards Act (FLSA), the Contract Work Hours and Safety Standards Act (CWHSSA) and the McNamara-O'Hara Service Contract Act (SCA).

WHD determined that the security guard services contractor violated SCA provisions by failing to pay required vacation, holiday, and health and welfare benefits to employees performing work on a federal contract to provide services to the Federal Emergency Management Agency. Grids Security Services also violated the CWHSSA by paying employees straight-time rates for overtime hours they worked on the contract at joint field office and disaster relief centers operated in Columbia, South Carolina.

Investigators also found the employer violated the FLSA when they failed to total the number of hours employees worked on federal and other contracts each workweek. By doing so, Grids Security paid workers separately for their work on each contract at straight time and failed to pay overtime to employees who worked a total of more than 40 hours. The employer also paid a flat rate to employees who made trips to an ATM on behalf of the company, without regard to the number of hours they worked making those trips, and failed to record that time as work time. Grids Security Services also violated FLSA recordkeeping requirements by failing to keep accurate time and pay records and failing to display the required FLSA poster at its establishment.

"Government contractors must familiarize themselves with all employee pay and benefits requirements, which typically go beyond prevailing hourly wages," said Wage and Hour Division District Director Jamie Benefiel, in Columbia, South Carolina. "The U.S. Department of Labor encourages employers and employees to contact us if they have questions about how workers must be paid for regular and overtime wages, and fringe benefits on federal contracts. They can also consult the numerous resources we offer online to help them understand their responsibilities."

For more information about the FLSA, SCA, CWHSSA, and other laws enforced by the Division, contact the Division's toll-free helpline at 866-4US-WAGE (487-9243) or visit the Division's web site. The Division also offers a search tool which allows users to determine if you are owed back wages collected by the Division.

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

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

Agency
Wage and Hour Division
Date
September 20, 2019
Release Number
19-1581-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Michael D'Aquino
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U.S. Department of Labor Results in Federal Contractor Paying $350,000 In Back Wages to Settle Hiring Discrimination

News Release

U.S. Department of Labor Results in Federal Contractor Paying $350,000 In Back Wages to Settle Hiring Discrimination

SHELBYVILLE, IN – Penske Logistics LLC, a federal contractor, has agreed to pay $350,000 in back wages to 185 female applicants to settle allegations of hiring discrimination found in a U.S. Department of Labor investigation at the employer's Shelbyville, Indiana, logistics facility.

In a routine compliance evaluation, the Department's Office of Federal Contract Compliance Programs (OFCCP) found that from January 1, 2016, through October 11, 2016, Penske Logistics LLC discriminated against female applicants in the hiring process for warehouse worker positions. Penske Logistics has also agreed to extend job offers in the warehouse worker position to 99 female class members at the Shelbyville facility.

"The U.S. Department of Labor and Penkse Logistics have reached a fair settlement that provides remedies to the affected class and guarantees that, going forward, qualified applicants of both genders will have the opportunity to compete on a level field for good jobs," said Office of Federal Contract Compliance Programs Acting Midwest Regional Director Carmen Navarro in Chicago, Illinois.

Penske Logistics LLC cooperated with OFCCP's investigation and denied that the employer failed to comply with the Executive Order and its implementing regulations.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These legal authorities, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations. For more information, please call OFCCP's toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

Agency
Office of Federal Contract Compliance Programs
Date
September 20, 2019
Release Number
19-1279-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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U.S. Department of Labor Conducting Wage Survey Of Building Construction Projects in Missouri’s Metro Counties

News Release

U.S. Department of Labor Conducting Wage Survey Of Building Construction Projects in Missouri’s Metro Counties

ST. LOUIS, MO – The U.S. Department of Labor’s Wage and Hour Division (WHD) is conducting a building construction survey of the metropolitan counties in the state of Missouri to collect data to establish prevailing wage rates, as required under the Davis-Bacon and Related Acts. The survey covers active building construction projects in the metropolitan counties in the state of Missouri between July 1, 2018 and June 30, 2019. It is not limited to federally funded construction projects.

“Davis-Bacon prevailing wage rates should reflect the actual wages and fringe benefits paid to construction workers in the county where the work takes place” said Wage and Hour Division’s Midwest Regional Administrator Michael Lazzeri. “The U.S. Department of Labor needs the full participation of the Missouri construction industry community to set prevailing wage rates. Full participation by contractors and interested parties will allow us to provide accurate prevailing wages and to create complete wage determinations which, in turn, reduces the need for contractors to request additional classifications.” 

Notification letters and data collection forms (WD-10s) are being sent to interested parties and contractors known to the Wage and Hour Division. Data must be postmarked by April 30, 2020, to be included in the survey. To complete the survey electronically, visit www.dol.gov/whd/programs/dbra/wd10/index.htm.

You do not need a letter to answer the survey. If you would like to participate, or have questions regarding the survey process and forms, contact Alecia Upshaw at 312-596-7208.

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
September 20, 2019
Release Number
19-1607-KAN
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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Hawaii Maritime Repair Company to Pay $239,380 Due to 47 Employees After U.S. Department of Labor Finds Davis-Bacon Act Violations

News Release

Hawaii Maritime Repair Company to Pay $239,380 Due to 47 Employees After U.S. Department of Labor Finds Davis-Bacon Act Violations

HONOLULU, HI – A Honolulu, Hawaii, maritime repair company will pay $239,380 to 47 employees after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found the employer failed to pay the prevailing wages required for work performed on a government-funded contract at Joint Base Pearl Harbor-Hickam.

WHD investigators found Pacific Shipyards International LLC erroneously classified workers as laborers while they performed the duties of more highly skilled and higher paid positions such as boilermakers and painters. As a result, the employer failed to pay employees the correct prevailing wage rates for those job classifications as required under the Davis-Bacon Act (DBA).

"Employers must pay the required prevailing wage rates and fringe benefits stipulated in the government contract for the trade work performed at a federally funded job site," said Wage and Hour Division District Director Terence Trotter, in Honolulu, Hawaii. "We urge all employers to use the tools we offer to help them avoid violations and understand their responsibilities."

Working under a DBA-covered contract, Pacific Shipyards International made repairs on a caisson at Joint Base Pearl Harbor-Hickam on Oahu, Hawaii. A caisson is a large watertight chamber used to enclose a ship during vessel repairs.

WHD provides employers with compliance assistance resources related to the Davis-Bacon Act and the Davis-Bacon and Related Acts. For more information about federal regulations on government contracts 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
September 20, 2019
Release Number
19-1458-SAN
Media Contact: Leo Kay
Phone Number
Media Contact: Jose Carnevali
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Tennessee Management Company Pays $45,378 for Overtime Violations Found by U.S. Department of Labor in Florida, Georgia and North Carolina

News Release

Tennessee Management Company Pays $45,378 for Overtime Violations Found by U.S. Department of Labor in Florida, Georgia and North Carolina

NASHVILLE, TN – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Accelerated Learning Solutions Inc. – a school management company based in Nashville, Tennessee – has paid $45,378 in back wages to 59 employees for violating the overtime provisions of the Fair Labor Standards Act (FLSA).

WHD determined Accelerated Learning Solutions Inc. – operating as ALS Education - classified data specialists, executive assistants, enrollment specialists, and enrollment administrative specialists incorrectly as exempt from the FLSA's overtime requirements, paying them flat weekly salaries without regard to the number of hours that they actually worked. This practice resulted in violations of the FLSA when those employees worked more than 40 hours in a workweek but the employer did not pay employees overtime in addition to those salaries. WHD also found ALS Education violated recordkeeping requirements when they failed to record accurately the number of hours employees worked.

"The Wage and Hour Division is committed to ensuring that all employees receive the wages they have legally earned for all the hours they have worked," said Wage and Hour District Director Nettie Lewis, in Nashville. The outcome of this investigation serves as a reminder to all employers to review their pay practices to confirm that workers are being paid as the law prescribes, and that we will continue to work 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
September 12, 2019
Release Number
19-1539-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 Michigan Health Care Providers Paying $400,000 in Back Wages to 476 Employees

News Release

U.S. Department of Labor Investigation Results in Michigan Health Care Providers Paying $400,000 in Back Wages to 476 Employees

DETROIT, MI – Two Detroit area residential care facilities operated by Beaumont Health will pay $400,007 in back wages to 476 employees after investigations by the U.S. Department of Labor's Wage and Hour Division (WHD) found the employer violated the Fair Labor Standards Act's (FLSA) overtime and recordkeeping provisions. Investigators determined 283 employees at Beaumont Commons in Dearborn, Michigan, are due $250,659 in back wages, and 193 employees at Botsford Commons in Farmington Hills, Michigan, are due $149,348.

Investigators found Beaumont Health automatically deducted time for meal breaks from employees' recorded work time even when employees were unable to take those breaks. When breaks were not taken, these automatic deductions resulted in unpaid work hours and in overtime violations when employees worked more than 40 hours in a workweek. The employer's failure to record accurately the number of hours employees worked resulted in recordkeeping violations under the FLSA. Beaumont cooperated with WHD during the course of the investigation, and made necessary corrections enterprise-wide to ensure they pay employees for all hours worked, as the FLSA requires.

"Employers are responsible for ensuring that they pay all employees the wages they have legally earned, and for keeping accurate records of the number of hours they work," said Wage and Hour District Director Timolin Mitchell, in Detroit, Michigan. "We encourage employers to contact us for guidance, and to use the wide variety of tools we offer to help them fully understand their responsibilities. Violations like those found in this case can be avoided."

For more information about the FLSA, and other laws enforced by WHD, contact the Division's toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by the Division.

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

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

Agency
Wage and Hour Division
Date
September 12, 2019
Release Number
19-1385-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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