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.

LAKE VILLAGE, AR – Following a U.S. Department of Labor Wage and Hour Division (WHD) investigation, Gonzalez Rebar LLC – based in Lake Village, Arkansas – has paid $20,312 in civil money penalties to settle H-2B non-immigrant visa program violations.

WHD found Gonzalez Rebar LLC violated labor provisions of the H-2B nonimmigrant visa program by failing to comply with the prohibition against preferential treatment when it offered H-2B workers more favorable terms, including free transportation to and from work, free housing, and a range of pay rates - none of which the employer offered to U.S. workers. Additionally, Gonzales Rebar LLC failed to post and maintain a notice of worker rights in a conspicuous location that sets out the rights and protections for H-2B workers and U.S. workers.

"The U.S. Department of Labor ensures employers satisfy the obligations they agree to in temporary employment certifications and prevent practices that prefer foreign workers over qualified local candidates," said Wage and Hour Division District Director Hanz Grünauer, in Little Rock, Arkansas. "The Department is committed to safeguarding American jobs and leveling the playing field for employers."

The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the U.S. The employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peak load need or intermittent need. The H-2B program requires the employer to attest to the Department that it will offer a wage that equals or exceeds the highest of the prevailing wage, applicable federal minimum wage, the state minimum wage, or local minimum wage to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification.

For more information about the H-2B visa program and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243).

Information is also available at http://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by the Division.

FAIRBANKS, AK - The U.S. Department of Labor's Wage and Hour Division (WHD) will offer two compliance assistance and educational outreach sessions in Fairbanks, Alaska, for employers, employees, their representatives, and other parties seeking assistance and guidance about federal wage and hour laws.

The Fairbanks compliance assistance events will begin with an introduction and an overview of WHD's mission, responsibilities, and functions. Attendance is free but space is limited.

WHAT: Wage and Hour Division Compliance Assistance and Outreach Sessions

WHEN: August 13, 2019
8:00 a.m. to 1:00 p.m. AKDT

September 10, 2019
8:00 a.m. to 1:00 p.m. AKDT

WHERE: Fairbanks Regional Office Building (Job Service Building)
675 7th Ave.
Fairbanks, AK 99701

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, the 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.

WASHINGTON, DC – The U.S. Department of Labor today announced that Acting U.S. Secretary of Labor Patrick Pizzella is sending letters to state and local governments encouraging their participation in the Wage and Hour Division's PAID program.

The Wage and Hour Division's (WHD) nationwide PAID program facilitates resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). The program's primary objectives are to resolve issues expeditiously and without litigation, to improve employers' compliance with overtime and minimum wage obligations, and to ensure that employees receive the back wages they are owed—faster.

Employers are encouraged to conduct audits and, if they discover overtime or minimum wage violations, to self-report those violations through PAID. WHD does not impose penalties or liquidated damages to finalize settlements for employers who choose to participate in the program, as they proactively work with WHD to resolve their compensation errors, and move quickly to provide 100 percent of the back wages due to their affected employees.

"State and local governments that have participated in the PAID program have been able to successfully make their workers whole," said Acting Secretary Pizzella. "The Department wants to ensure that all municipalities are aware of this opportunity to correct any inadvertent violations they may discover. We want employers to be proactive about compliance, and we should be ready to offer our resources to those who want to do it the right way. The efficiencies created by this program enable WHD to recover more wages for American workers by focusing on egregious violators. PAID is a win for employees, employers and taxpayers."

"Early testimonials from employees and employers continue to indicate that the results are overwhelmingly positive," said Wage and Hour Division Administrator Cheryl Stanton. "The PAID program has been achieving its goal of getting back wages into the hands of employees more quickly."

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). 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.

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 U.S. 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.

The Office of Compliance Initiatives is part of the Department of Labor's Office of the Assistant Secretary for Policy, and fosters a compliance assistance culture within the Department designed to complement its ongoing enforcement efforts. This office focuses on helping enforcement agencies more effectively use online resources to deliver information and compliance assistance to help the American people. OCI launched Worker.gov and Employer.gov to provide information about workers' rights and the responsibilities of job creators toward their workers.

SAN DIEGO, CA – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Star Pro Security Patrol Inc. – a security company based in Costa Mesa, California – will pay $43,566 to 63 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found Star Pro Security Patrol Inc. paid employees on a semi-monthly basis and sometimes failed to pay overtime when employees worked more than 40 hours in a single workweek, as the law requires. Regardless of the length of an employer's pay period, they must track overtime worked on a weekly basis under the FLSA. Investigators also found the employer classified some employees incorrectly as exempt from overtime, resulting in additional violations when those employees worked more than 40 hours in a week yet were not paid overtime.

"Employees must be paid the wages required by law for all the time that they work," said Wage and Hour Division District Director Rodolfo Cortez, in San Diego, California. "All overtime hours also must be accurately recorded and paid. We urge all employers to use the tools we offer to help them understand their rights and responsibilities under the law."

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 the 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, the 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.