LUBBOCK, TX – In a settlement with the U.S. Department of Labor, Allegiance Behavioral Health Center of Plainview doing business as Inspirations, a subsidiary of Allegiance Health Management Inc. based in Shreveport, Louisiana, will pay $22,000 in back wages and compensatory and liquidated damages to a former employee for violating the anti-retaliation provisions of the Fair Labor Standards Act (FLSA).

The Department filed a lawsuit against the employer in federal court after an investigation by the Department's Wage and Hour Division (WHD) found that the family counseling company violated the FLSA's nursing mothers provision when it denied the employee adequate time and space to express milk. The employee had no choice but to express milk in a parking lot accessible to both her co-workers and the public. Faced with continuing that practice or leaving her employment, the employee quit her job, which the Department deemed a constructive discharge under the FLSA's anti-retaliation provisions.

"Employers and employees should understand that forcing a nursing mother to express milk in a restroom or in public is against the law," said Wage and Hour's Southwest Regional Administrator, Betty Campbell. "The law requires employers to provide women who are nursing with privacy during their break time. The Wage and Hour Division provides compliance assistance to help employers understand their responsibilities to their employees, including the right of nursing mothers to request the time and space they need to express milk without interruption and without fear of retaliation."

Under the FLSA, employers are required to provide a place - other than a bathroom - shielded from view and free from intrusion from coworkers and the public, where an employee can express breast milk. Employers are also required to provide reasonable break time for an employee to express breast milk for her nursing child for up to one year after the child's birth each time the employee has need to express milk. Learn more about the FLSA's nursing mothers' provisions.

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). 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.

Civil Action No.:  5:18-cv-00100

BOISE, ID – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Any Weather Exteriors LLC – a construction contractor based in Star, Idaho – will pay $51,328 in back wages and liquidated damages to 25 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found that Any Weather Exteriors LLC paid employees straight-time rates for all the hours that they worked and failed to pay them overtime when they worked more than 40 hours in a workweek. The employer also misclassified two employees as independent contractors, resulting in additional overtime violations when the employer failed to record the number of hours that they worked, and subsequently failed to pay them overtime. Any Weather Exteriors also violated FLSA recordkeeping requirements when it failed to maintain time and payroll records, and display required FLSA posters.

"Employers must comply with federal laws and ensure employees receive the wages they have rightfully earned," said Wage and Hour Division District Director Thomas Silva, in Portland, Oregon. "Simply because a practice may appear to be common in an industry doesn't mean that it's legal. The U.S. Department of Labor provides many tools to help employers understand their responsibilities to their employees and comply with the law. We encourage employers and employees alike to contact us for assistance. Violations like those found in this case can be avoided."

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 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 for workers who may be owed back wages collected by WHD.

HESSMER, LA – To resolve a lawsuit filed with the Department of Labor's Office of Administrative Law Judges (OALJ), Earl Roy Farm of Louisiana LLC – based in Hessmer, Louisiana – has signed consent findings and will pay $71,611 in back wages to 76 employees, and $33,388 in civil money penalties. The U.S. Department of Labor Wage and Hour Division (WHD) investigated the company and found it had violated the labor provisions of the H-2A temporary agricultural visa program.

Specifically, the WHD found that Earl Roy Farm of Louisiana LLC:

• Gave H-2A workers preferential treatment by paying American workers lower wages than those paid to H-2A workers;
• Failed to reimburse H-2A workers for the full cost of their transportation from their home towns to the farm and back again, as the law requires;
• Failed to ensure that workers were offered at least three-fourths of the work hours disclosed in its contracts;
• Failed to provide local workers engaged in similar work as the H-2A workers with written work contracts; and
• Unlawfully laid off American workers.

"Any employer seeking H-2A workers must be ready and willing to abide by all the program's requirements, and must not attempt to shift any of the employer's costs onto the workers," said Wage and Hour Division Southwest Regional Administrator Betty Campbell. "The U.S. Department of Labor will continue to safeguard American jobs, level the playing field for law-abiding employers, and ensure that workers are paid the wages that they legally earned. We encourage employers to contact the Wage and Hour Division by phone, online, or to attend any of our outreach events for assistance and to learn more about their responsibilities."

The H-2A temporary agricultural program establishes a means for agricultural employers, who anticipate a shortage of domestic workers, to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.

The program requires an employer to attest to the U.S. Department of Labor that it will offer a wage that equals or exceeds the highest of the following: the prevailing wage for the occupation and geographic area, applicable federal minimum wage, state minimum wage, or local minimum wage. This wage must be paid to the H-2A workers and certain similarly-employed U.S. workers during the entire period of the approved labor certification. The program also establishes recruitment and displacement standards to protect similarly employed American workers.

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.

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.

SAIPAN, CNMI – The U.S. Department of Labor has secured a $3,360,000 consent judgment against the developer of the Imperial Pacific Resort Hotel and Casino in Garapan, Saipan, for minimum wage, overtime, and recordkeeping violations of the Fair Labor Standards Act (FLSA) by contractors working on the construction project.

Entered by the U.S. District Court for the Northern Mariana Islands, the judgment orders Hong Kong-based Imperial Pacific International Holdings, and its Saipan subsidiary Imperial Pacific International (CNMI), to pay $3,160,000 in back wages and liquidated damages to approximately 1,100 employees. The developer must also pay $200,000 in civil money penalties.

The settlement follows an investigation by the Department's Wage and Hour Division that found wage violations occurred when foreign-based construction subcontractors failed to pay their workforce required overtime premium rates for hours worked beyond 40 in a workweek. Investigators also found some of the subcontractors' day rates placed employees' earnings below federal minimum wage.

"This judgment demonstrates the U.S. Department of Labor's strong commitment to ensuring employees receive the wages they have earned," said Wage and Hour Division District Director Terence Trotter in Honolulu, Hawaii. "We will continue to enforce the law and level the playing field, while simultaneously encourage employers and employees to call us for assistance, and use the wide variety of tools we provide. Violations like those found in this investigation can be avoided."

The Department's Office of the Solicitor litigated this case.

"In addition to providing $3,360,000 in unpaid wages, liquidated damages, and penalties, this judgment orders the defendants to adhere to an independent monitoring mechanism, and to take additional steps to safeguard the wages and working conditions of employees," said Regional Solicitor Janet Herold in San Francisco. "Regardless of where work is performed in the U.S. or its territories, the U.S. Department of Labor will continue to fully and fairly enforce the law and provide a level playing field for employers."

To date, the Department has found approximately $17.3 million for more than 2,500 employees working on the Saipan hotel and casino project.

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 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 for workers who may be owed back wages collected by WHD.

BRENTWOOD, CA – J. Carmen Mora – a Northern California farm labor contractor – has paid $143,078 in back wages to 199 employees after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found multiple violations of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). Additionally, WHD assessed the employer $23,048 in civil penalties.

WHD investigators found Mora - doing business as J.C. Mora in Brentwood, California - violated MSPA requirements by illegally deducting up to 12 percent in federal and state tax withholdings from employees' earnings and then failing to remit the withholdings to the IRS and to state tax officials.

Investigators found the farm labor contractor also failed to disclose employment conditions, provide wage statements, display MSPA posters, and keep employment records, as required.

"Employers are responsible for paying their employees all the wages they have legally earned," said Wage and Hour Division District Director Susana Blanco, in San Jose. "We urge employers to call us for assistance, and to use the tools we provide to help them comply with the law. We offer numerous resources for agricultural employers and engage in a robust outreach program to provide the information employers need."

MSPA protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures, and recordkeeping. For general information on MSPA, please see the Employment Law Guide or the Wage and Hour Division's MSPA fact sheet.

To operate legally as farm labor contractors, individuals and companies must register with the U.S. Department of Labor. Farm labor contractors that intend to house, transport, or drive a migrant or seasonal agricultural worker must meet special requirements. Application materials and instructions are available online.

Employees and employers with questions about MSPA or any of the federal laws administered by the Division should call the agency's toll-free helpline at 866-4US-WAGE (487-9243). All calls are confidential. More information also is available online at http://www.dol.gov/whd/.

FRESNO, CA – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), M&L Plumbing Co. Inc. – a plumbing company based in Fresno, California – will pay $113,351 in back wages due to 39 employees for violating overtime requirements of the Fair Labor Standards Act's (FLSA).

WHD investigators determined that M&L Plumbing Co. Inc. failed to record or pay employees for time they spent loading equipment and materials at the company's location before traveling to the first worksite of the day. This unpaid time resulted in overtime violations when employees worked more than 40 hours in a workweek, but were not paid overtime. The practice also led to FLSA recordkeeping violations when the employer failed to accurately record the total number of hours actually worked.

"Employers must pay their employees for all of the hours that they work, including any work that occurs before or after their scheduled shifts," said Wage and Hour Division Assistant District Director Nora Pedraza, in Fresno. "Violations like those found in this investigation can be avoided. The U.S. Department of Labor provides many tools to help employers comply with the law, and we encourage employers and employees alike to contact us for assistance."

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 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 for workers who may be owed back wages collected by WHD.

LAFAYETTE, IN – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), the U.S. District Court for the Northern District of Indiana has issued a default judgment requiring the operators of the Quality Inn and Suites franchise in Lafayette, Indiana, to pay $16,660 in back wages and liquidated damages to 34 employees. The court judgment came after operators Gursahib S. Sekhon and Mehar Hotels Group of Indiana LLC failed to respond to the complaint or appear in U.S. District Court as ordered. The court also permanently enjoined the defendants from future violations of the Fair Labor Standards Act (FLSA).

WHD investigators found the employer violated the FLSA's overtime provisions. Specifically, the employer paid employees straight time rates for all the hours that they worked, paying for any hours worked beyond 40 per week in cash. The law requires overtime to be paid at one and one-half times workers' regular rates of pay. The Division also assessed $16,362 in civil money penalties for the willful nature of the violation.

"Employers who fail to accurately pay their employees will be held accountable," said Wage and Hour District Director Patricia Lewis in Indianapolis. "The U.S. Department of Labor's Wage and Hour Division is committed to ensuring no one is paid less than what he or she has legally earned."

For more information about wage 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 WHD.

Acosta v. Gursahib S. Sekhon. Mehar Hotels Group of Indiana LLC

Case No. 4:17-cv-73 JVB

CHICAGO, IL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), the U.S. District Court for the Northern District of Illinois has entered a consent judgment ordering the owners and operators of two Illinois restaurants to pay $254,000 in back wages and liquidated damages to 28 current and former employees.

The court ordered Tsho Inc., Ekyu Inc. and owners, Haruhisa Osada and Hideo Sudo, to pay the employees of Jurin Japanese Restaurant locations in Geneva and South Elgin to resolve violations of the overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA). The judgment also requires the employers to pay civil money penalties of $9,000. The court also issued an injunction against the restaurants and their owners for violating employees’ FLSA rights.

WHD investigators found the restaurants, in some instances, failed to pay overtime when employees worked more than 40 hours in a workweek. The owners’ failure to record and pay employees for some of the hours they worked resulted in additional overtime and recordkeeping violations.

“Employers must pay their employees all the wages they have legally earned,” said Wage and Hour Division Director Thomas Gauza in Chicago. “Our work ensures that employers who follow the rules do not find themselves at a competitive disadvantage for doing so. We encourage all employers to reach out to us for guidance and for help in understanding their legal obligations to their workers.”

For more information about the FLSA and other laws enforced by the 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 https://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by WHD.

WILMINGTON, DE – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), the U.S. District Court for the District of Delaware has ordered El Tapatio, Inc. - operator of El Tapatio Mexican Restaurant in Wilmington, Delaware - to pay $128,051 in back wages and an equal amount in liquidated damages to 20 employees for violating the minimum and overtime wage provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found that from February 15, 2016, to February 10, 2019, the employer paid servers a cash wage that was less than the federal minimum cash wage of $2.13 per hour required by the FLSA for tipped employees. The sub-$2.13 per hour cash wage was a result of the employer's deduction of $1 per hour from employee wages in order to pay an employee who cleaned the restaurant. El Tapatio also failed to pay workers overtime when they worked more than 40 hours in a workweek.

WHD also found El Tapatio failed to maintain accurate payroll records by not recording all the hours employees worked each week, and failed to post a required FLSA poster. In addition to the back wages and damages, the court ordered the employer to pay a civil penalty of $8,458 assessed by WHD for the willful nature of the violations.

"Employers are responsible for paying their employees all the wages they have legally earned for all the hours they have worked," said Wage and Hour District Director James Cain, in Philadelphia, Pennsylvania.

"The resolution of this case demonstrates our commitment to ensuring employees are paid what they have legally earned, as well as our continued efforts to level the playing field for employers who comply with the law," said Regional Solicitor Oscar L. Hampton III in Philadelphia.

In addition to paying the back wages, damages and penalty, El Tapatio is enjoined from violating provisions of the FLSA in the future.

If you are a former or current employee of El Tapatio Mexican Restaurant and believe you may be due back wages as a result of this investigation, please contact the WHD Philadelphia District Office at 215-597-4950.

The FLSA requires that covered, non-exempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates for hours worked beyond 40 per week. Employers must also maintain accurate time and payroll records. For more information about the FLSA and other federal wage laws, call the Division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd. Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program.

ATLANTA, GA – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Postal Fleet Services Inc. – based in Saint Augustine, Florida – will pay $329,057 in back wages and benefits to 53 employees for violating requirements of the Fair Labor Standards Act (FLSA) and the McNamara-O'Hara Service Contract Act (SCA).

WHD investigators determined Postal Fleet Services Inc. failed to pay drivers the prevailing wage rates required by the SCA for work they performed on a contract for the U.S. Postal Service to haul mail in Montgomery, Alabama and Tupelo, Mississippi. The violations occurred when the employer failed to pay drivers for time they spent working before their scheduled shifts sorting mail, and for time they spent driving company trucks from one city to another between their local routes. The employer also failed to pay employees the fringe benefits required by the SCA, and failed to maintain records of the hours employees worked, a violation of the FLSA.

"No federal contractor should gain an economic advantage by paying employees below the prevailing wages and fringe benefits their contract requires," said Wage and Hour Regional Administrator Juan Coria, in Atlanta, Georgia. "Federal service contracts spell out employers' responsibilities when they bid on these jobs. We encourage all employers to review their legal obligations and to contact the Wage and Hour Division for compliance assistance. Violations like these can be avoided."

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.

For more information about the FLSA, SCA, 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.