COOPER CITY, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), South China Restaurant – based in Cooper City, Florida – will pay $88,074 in wages to eight employees for violating minimum wage, overtime, and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

WHD found South China Restaurant paid employees - including servers, bussers, and cooks - weekly or monthly salaries without regard to the number of hours that they actually worked. This practice resulted in minimum wage violations when those salaries failed to cover the number of hours employees had worked at the federal minimum wage of $7.25 per hour. Overtime violations resulted when employees worked more than 40 hours in a workweek and the employer failed to pay them overtime in addition to their salaries. WHD also found South China Restaurant failed to record the number of hours worked by cooks and did not post the required FLSA poster to notify employees of their rights under the law, resulting in recordkeeping violations.

“Employers are required to pay their employees the wages they have legally earned for all the hours that they work,” said Wage and Hour Division District Director Tony Pham, in Miami, Florida. “Our work continues to ensure that employees are paid as the law requires, and that employers compete on a level playing field. We encourage all employers to review their employment obligations and to contact the Wage and Hour Division 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 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.

SEVERN, NC - After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Severn Peanut Co. Inc. – a peanut manufacturer based in Severn, North Carolina – has paid $82,820 in back wages and liquidated damages to 100 employees for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The employer also paid a civil penalty of $3,619 for federal child labor violations.

WHD found Severn Peanut Co. Inc. failed to pay employees for work they performed before or after their scheduled shifts after the employer adjusted the time records to reflect scheduled shift start and stop times, regardless of when employees actually began or stopped working. This practice resulted in overtime violations when this unpaid pre- and post-shift work time moved employees past 40 hours in the workweek, and overtime was not paid. By altering time records, the employer failed to maintain an accurate record of the number of hours employees had actually worked which led to recordkeeping violations.

In addition, WHD found that Severn Peanut Co. Inc. allowed two minor employees to engage in a prohibited hazardous occupation when they cleaned parts in various plant machinery, a violation of FLSA child labor requirements.

“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 Richard Blaylock, in Raleigh, North Carolina. “The U.S. Department of Labor encourages all employers to review their employment obligations and to contact us for compliance assistance. Violations like the wage issues as well as the child labor violations found in this investigation can be avoided.”

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/whd.

BLUFFTON, SC – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Montage Hotels & Resorts LLC – operating as Montage Palmetto Bluff in Bluffton, South Carolina – has paid $8,301 in wages to an employee for violating labor provisions of the H-2B visa program. The Laguna Beach, California-based employer also paid a civil penalty of $8,301 assessed by WHD for the violation.

WHD determined the employer failed to meet a condition of their contract for participating in the visa program when they failed to hire a qualified U.S. worker who had applied for a job as a cook at the resort. As a result of the investigation, Montage Hotels & Resorts hired the employee and paid her wages she would have earned from the start of the employer’s H-2B contract.

“The U.S. Department of Labor will continue to safeguard American jobs and level the playing field for law-abiding employers. Companies looking to participate in the H-2B visa program must ensure they do not bypass qualified American workers in favor of non-immigrant workers,” said Wage and Hour District Director Jamie Benefiel, in Columbia, South Carolina. “We encourage employers to contact the Wage and Hour Division by phone or online, or to attend any of our many outreach events for assistance and to learn more about their responsibilities. Violations like those found in this case can be avoided.”

For more information about the H-2B and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover Fair Labor Standards Act (FLSA) overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at http://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 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 U.S.; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights. 

Editor’s Note: This news release has been corrected to clarify that WHD did not find that the employer’s H-2B agent, Practical Employee Solutions, unlawfully charged visa fees to the non-immigrant guest employees.    

JOHNSON CITY, TN – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), S&S Hospitality LLC – operator of the Best Western Hotel & Conference Center in Johnson City, Tennessee – has paid $56,999 in back wages and liquidated damages to 15 employees for violating the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). The employer also paid $6,420 in civil money penalties for the willful and repeat nature of the violations.

A WHD investigation determined that S&S Hospitality LLC violated minimum wage requirements when it manipulated payroll records to reduce the number of work hours it recorded and paid to employees, leaving some hours unpaid. The employer further violated minimum wage requirements when it paid a husband-and-wife cleaning crew only for the hours worked by one member of that team. Additional minimum wage violations resulted when the employer failed to pay a former employee for all of the hours accumulated during their final workweek with the company. The employer’s practice of manipulating payroll records to reflect workweeks of 40 hours or fewer, despite employees working beyond 40 hours, resulted in overtime violations when those overtime hours went unpaid. Erroneous rounding practices led to records reflecting fewer hours than were actually worked, and to further overtime violations.  The manipulation of the time records resulted in the employer failing to keep an accurate record of all the hours employees worked, in violation of FLSA recordkeeping requirements.

“The U.S. Department of Labor remains committed to ensuring employees receive all the wages they have rightfully earned and that employers compete on a level playing field,” said Wage and Hour District Director Nettie Lewis, in Nashville, Tennessee. “Other employers should use the back wages, damages and penalties found due in this case as an opportunity to review their own pay practices to ensure they comply with the law.”

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

For more information about the FLSA and other laws enforced by the 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 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.

JONESBORO, GA – Tienda Y Carniceria La Unica 2 Inc. – a supermarket based in Jonesboro, Georgia – has paid a civil penalty of $47,115 after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found the employer allowed a 16-year-old minor employee to use a power-driven meat-slicing machine in violation of federal law. The minor suffered the amputation of one finger and severe injury to another.

WHD found the employer violated the Fair Labor Standards Act’s Child Labor Requirements by employing the teen to use equipment prohibited for use by workers less than 18 years old. Investigators also determined that the employer failed to maintain required time and payroll records, resulting in recordkeeping violations.

“The safety of young workers remains a priority for the U.S. Department of Labor’s Wage and Hour Division. Employers have a responsibility to fully understand and comply with the child labor provisions of the Fair Labor Standards Act to ensure minors work in a safe environment,” said Wage and Hour Division District Director Eric Williams, in Atlanta, Georgia. “We encourage employers to review child labor laws, when employing minors, and to contact us for assistance. Violations and injuries 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, 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.

SAN JOSE, CA – New Thai Bistro – a restaurant based in Pleasanton, California – has paid $172,862 to 14 employees after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found the employer violated the overtime requirements of the Fair Labor Standards Act (FLSA). Due to the willful nature of the violations found, the Department also assessed $1,974 in civil money penalties.

WHD investigators found New Thai Bistro paid employees flat rates per day or per week, without regard to the number of hours they actually worked. This practice resulted in overtime violations when those employees worked more than 40 hours in a workweek, yet the employer did not pay overtime. The employer paid some hourly workers for overtime, but at straight-time rates. The law requires payment of overtime hours at time-and-one-half employees’ regular rates of pay. Investigators found the overtime hours worked by employees ranged from four hours per week for some servers to up to 11 hours per week for chefs and other kitchen employees.

“Our goal is to pair compliance assistance with rigorous enforcement to ensure that employers follow the rules and that employees receive the pay they have legally earned,” said Wage and Hour District Director Susana Blanco, in San Jose, California. “We encourage all employers to make use of the wide variety of tools we offer to explain their responsibilities so that violations like those found 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. 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.

CINCINNATI, OH – Two Cincinnati, Ohio, home healthcare providers – Millenium Nursing Agency LTD and Residential Homecare Services LLC – will pay $194,811 in back wages to 62 employees after investigations by the U.S. Department of Labor’s Wage and Hour Division (WHD) found the employers violated the Fair Labor Standards Act’s (FLSA) overtime and recordkeeping provisions.                                                        

WHD investigators determined Millenium Nursing Agency LTD and Residential Homecare Services LLC failed to pay employees overtime at time-and-one-half their regular hourly rates when they worked more than 40 hours in a workweek. Millenium failed to count time spent by employees traveling between patients’ homes during their workday as work time. Residential Homecare Services failed to include bonuses paid to employees when calculating their overtime rates. Failing to record travel time as work time also resulted in recordkeeping violations under the FLSA for Millenium.  

“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 George Victory, in Columbus, Ohio. “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 in these cases 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.

SAN FRANCISCO, CA – Bay Area Contract Maintenance – a janitorial company based in San Francisco, California – will pay $450,548 in back wages to 65 employees after a U.S. Department of Labor’s Wage and Hour Division (WHD) investigation found violations of the overtime provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found Bay Area Contract Maintenance failed to pay employees overtime when they worked more than 40 hours in a workweek. The violation resulted from the employer’s practice of failing to combine all the hours individual employees worked at separate locations for the enterprise each workweek to determine when overtime was due. The employer also failed to record accurately the total number of hours employees actually worked, a violation of FLSA recordkeeping requirements. Bay Area Contract Maintenance is a multi-faceted construction contractor offering more than 20 trade specialties.

“Employers are responsible for ensuring that they pay employees all the wages they have legally earned and for keeping accurate records of their hours,” said Wage and Hour Division District Director Susana Blanco, in San Jose, California. “The U.S. Department of Labor provides many tools to help employers comply with the law.  These mistakes can be avoided.”

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.

Learn more about WHD compliance assistance resources for employers that pay overtime.

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) will offer a compliance seminar in Washington, D.C., for contractors, unions, workers, and other interested parties to provide information on the rules governing federal prevailing wage requirements. The event will offer training on labor standards for federally funded construction and federal service contracts.

WHAT: Wage and Hour Division Prevailing Wage Seminar

WHEN: August 13-15, 2019
9:00 a.m. to 5:30 p.m. EDT

WHERE: Washington Court Hotel
525 New Jersey Avenue, NW
Washington, DC 20001

The training is a component of WHD's ongoing effort to increase awareness and enhanced compliance with federal prevailing wage requirements.

Attendance is free, but pre-registration is required. Registration can be completed through the online registration link for the Washington DC Prevailing Wage Seminar.

For more information on the Davis-Bacon Act, the Service Contract Act, and other federal wage laws related to government contracts administered by the Wage and Hour Division, call the department's toll-free helpline at 866-4US-WAGE (487-9243) or visit the agency's website at https://dol.gov/whd.

SHARON, OK – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Custom Energy Service Inc. – a power line repair company based in Sharon, Oklahoma – has paid $62,263 in back wages and liquidated damages to 11 employees for violating the Fair Labor Standards Act's (FLSA) overtime requirements.

WHD investigators found the company violated federal overtime requirements when the employer incorrectly applied an exemption from the overtime requirements that applies only to drivers, driver's helpers, loaders, or mechanics for vehicles that transport goods in interstate commerce and weigh more than 10,000 pounds, to its linemen and others who did not qualify for the exemption based on their duties. As most employees worked a 7 days on, 7 days off schedule, a large amount of overtime hours were accrued in each week. As a result, non-exempt employees who worked over 40 hours in a workweek were not paid the correct overtime rate.

"All covered employers must comply with federal labor laws, and must fully understand the rules around exemptions from overtime requirements before claiming them," said Wage and Hour Division District Director Michael Speer, in Oklahoma City, Oklahoma. "Other employers should use the outcome of this investigation as an opportunity to examine their pay practices to ensure that they are playing by the rules. We are available to answer any questions, confidentially, at 866-4US-WAGE."

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.

WHD provides employers with compliance assistance resources to help them comply with the FLSA. Employers that 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.