MILLIKEN, CO – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Burnco Colorado LLC - doing business as Bestway Concrete and Aggregates - has paid $77,238 in back wages to 406 employees to resolve violations of the Fair Labor Standards Act's (FLSA) overtime requirements at the company's facilities in Milliken, Colorado, and Irvin, Texas.

WHD investigators found the employer violated FLSA overtime requirements when it failed to include bonuses earned by employees in their calculations when determining overtime rates. Excluding these amounts resulted in the employer paying overtime at rates lower than those required by law.

"Our education and enforcement efforts help ensure that workers get paid what they have legally earned, and that employers compete on a level playing field," said Wage and Hour Division District Director Chad Frasier in Denver. "The U.S. Department of Labor provides employers with a wide variety of resources – online, paper, and in person – to help them understand and comply with federal labor laws. We encourage all employers to take advantage of these resources and avoid violations."

Local WHD offices welcome confidential calls and in-person visits and the Division's library of online videos offer useful information on FLSA compliance.

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.

BEACH HAVEN, NJ – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Cramark Inc. – doing business as The Chicken or The Egg restaurant in Beach Haven, New Jersey - will pay $768,548 in back wages, liquidated damages, and penalties for violating the Fair Labor Standards Act (FLSA) and the labor provisions of the H-2B temporary visa program. Cramark Inc. will pay 23 employees $359,077 in FLSA back wages, an equal amount in liquidated damages, plus $7,792 in H-2B back wages to two employees. The Department also assessed a civil penalty of $42,602 against the employer for the willful nature of the wage violations.

WHD investigators determined the employer violated FLSA overtime requirements when it failed to pay workers time-and-one-half when they worked more than 40 hours in a workweek. Instead, the employer always recorded fewer than 40 hours on the payroll each week, regardless of the actual number of hours worked, and paid for overtime hours in cash, unrecorded. This failure to record all the hours employees worked or the cash payments violated FLSA recordkeeping requirements.

The investigation also found that the employer violated requirements of the H-2B visa program by failing to furnish each H-2B employee, on or before each payday, with a written statement accurately listing their total earnings each workweek in the pay period. Additionally, three H-2B employees performed work as bussers, despite the employer's official application for these temporary workers receiving approval only for the H-2B employees to work in food preparation. The employer paid these employees less than the prevailing wage rates required for H-2B workers in Ocean County, New Jersey.

"The U.S. Department of Labor ensures the labor standards of the FLSA and H-2B visa program are followed to protect workers," said Wage and Hour District Director Charlene Rachor, in Lawrenceville, New Jersey. "Our efforts ensure that employers understand and abide by the provisions of the program to safeguard American employees against displacement while protecting foreign workers from being paid less than the wage they were promised."

In addition to paying the back wages, liquidated damages, and penalties, Cramark Inc. agrees to future compliance with the FLSA and H-2B provisions.

Before the U.S. Citizenship and Immigration Services can approve an employer's petition for H-2B visa workers, an employer must file an application with the Department stating that there are not sufficient U.S. employees who are able, willing, qualified, and available. The application must also affirm that the employment of non-immigrant, temporary workers will not adversely affect the wages and working conditions of similarly employed persons in the U.S.

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. Employees must also maintain accurate time and payroll records. 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 H-2B temporary visa program, FLSA, and other laws enforced by the WHD, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at https://www.dol.gov/whd.

LAWRENCEVILLE, NJ – The U.S. District Court for the District of New Jersey has entered a consent judgment requiring five South Jersey gas stations, and their main owner Gurmeet Singh to pay $325,000 in back wages and an equal amount in liquidated damages to 29 current and former employees. The consent judgment comes after an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) and litigation by the U.S. Department of Labor's Office of the Solicitor.

WHD investigators found that the defendants violated the minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA) at the following gas station locations:

• NS & GS LLC - operating as Third & Landis Riggins Vineland - 301 W. Landis Ave. in Vineland;
• Sehjog LLC - operating as Millville Gulf - 812 N. 2nd St. in Millville;
• S. Hari Singh Mgt. Inc. - operating as Burlington Gulf - 629 High Street in Burlington;
• Woodlane Amoco Inc. - operating as Woodlane Gulf - 1866 Route 541 in Westampton; and
• Station Mgt. Inc. - operating as Tom's Pennsauken Point Gulf - 7431 N. Crescent Blvd. in Pennsauken.

WHD found that - from at least October 1, 2014 to August 31, 2016 - the defendants paid all employees a flat monthly salary for all the hours that they worked, resulting in some employees' hourly rates falling below the federal minimum wage of $7.25 per hour. This practice also resulted in overtime violations when employees routinely worked more than 40 hours per workweek, yet were not paid time and one-half their regular rates of pay. The defendants also violated FLSA recordkeeping requirements when they failed to make and maintain accurate pay and time records. In July 2017, the Department filed suit against the defendants.

"The attendants hired to operate gas pumps and provide related customer services must be paid for all the hours that they work," said Wage and Hour District Director Charlene Rachor, in Lawrenceville, New Jersey. "The Wage and Hour Division offers numerous tools to help employers learn about their responsibilities and how to comply with the law. We encourage employers to reach out to us for assistance."

"This consent judgment sends a clear message to New Jersey gas station employers that failure to pay employees their rightfully earned wages comes at a high cost," said Regional Solicitor Jeffrey S. Rogoff, in New York.

In addition to requiring the defendants to pay back wages and liquidated damages, the consent judgment prohibits defendants from violating the FLSA in the future and prohibits defendants from directly or indirectly demanding, requiring, or accepting any of the back wages or liquidated damages paid to employees.

The Division's Southern New Jersey District Office investigated the case. Senior Trial Attorneys Allison L. Bowles and James R. Wong and Trial Attorney Frances Y. Ma litigated the case for the Department's Regional Office of the Solicitor in New York. 

The Department provides numerous resources and tools to help employers understand their responsibilities and 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 its 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.

SEATTLE, WA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Good Shepherd Adult Family Home – a residential care company based in Shoreline, Washington –will pay $222,426 in back wages and liquidated damages to 19 employees for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The Department also assessed $17,442 in civil penalties against the employer for the willful nature of the violations.

WHD investigators found that workers at the Good Shepherd Adult Family Home facilities were required to provide around-the-clock care to residents, yet the employer failed to pay for all the hours employees worked in compliance with FLSA requirements. Specifically, the employer deducted 8 hours from employees’ recorded worktime for each overnight shift for sleep time, despite workers never being relieved from duty for an uninterrupted 8 hours. The employer made these 8-hour deductions during shifts of 24 hours, as well as during shifts of only 12 hours. Investigators also found the employer’s inaccurate time records resulted in recordkeeping violations under the FLSA.

“Employers who willfully violate basic federal labor laws hurt employees and gain an unfair advantage over employers who play by the rules,” said Wage and Hour Division Acting District Director Tuan Huynh, in Seattle. “We will continue to provide tools to help employers understand their obligations.” 

This marks the second time in the past five years that WHD has cited Good Shepherd Adult Family Homes for FLSA violations. Owner/operator Luz Hoff paid $17,442 in FLSA civil penalties for repeated and willful overtime violations following a 2015 WHD investigation of her facilities.

Good Shepherd Homes provides around-the-clock care for adults at five separate facilities in Shoreline.

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.

HONOLULU, HI – The U.S. Department of Labor announced today that an education and enforcement initiative by its Wage and Hour Division (WHD) focused on retail mall employers in Hawaii, recovered $698,120 in back wages and liquidated damages for 339 employees, and led WHD to assess $59,523 in civil penalties for child labor violations during Fiscal Year 2018.

The investigations completed as part of this initiative found that more than half of businesses investigated failed to pay retail employees legally required overtime when they worked beyond 40 hours in a week. WHD investigators also found that more than half of the retailers that employed minors at mall locations violated Fair Labor Standards Act (FLSA) child labor provisions when they allowed the minors to engage in work prohibited for workers under 18 years old, such as loading or operating trash or cardboard compactors.

“The U.S. Department of Labor remains committed to educating employers and employees about their rights and responsibilities so that young workers remain safe on the job, all employees get paid what they have legally earned, and employers compete on a level playing field,” said Wage and Hour Division District Director Terence Trotter, in Honolulu. “We encourage employers to view the results of this enforcement and education initiative as an opportunity to review their own practices, and to make any corrections necessary to come into compliance.”

Outreach and education efforts conducted as part of this effort included meetings with school counselors, training mall tenant representatives, and providing compliance assistance directly to mall management companies.

Notable results of the WHD’s FY2018 initiative in Hawaii include:

• $239,889 to 44 employees after investigators found that six Ramen-Ya restaurant locations in Honolulu, Kapolei, and Pearl City and one in Kahului failed to pay overtime when employees worked beyond 40 hours in a workweek;
• $89,565 to 12 employees after four Regal Food Inc. locations in Honolulu malls failed to pay the required minimum wage and overtime. The employer also failed to maintain adequate time records;
• $33,346 to five employees after Julie Z Restaurant Filipino Home Style Cuisine at Kapolei Marketplace in Kapolei failed to pay overtime for hours worked beyond 40 in a week;
• $76,932 to 10 employees after three Thai-Lao Restaurants locations in Honolulu, Pearl City, and Kapolei failed to pay overtime to kitchen staff; and
• $7,060 in penalties were assessed to Gyu-Kaku Japanese BBQ at Windward Mall in Kaneohe for allowing four minors to load a trash compactor.

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 Wage and Hour Division, 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.

LOS ANGELES, CA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Janray Homes Inc. – a residential care company based in La Mirada, California – will pay $61,846 to 10 employees for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found Janray Homes Inc. failed to pay employees overtime when they worked more than 40 hours in a workweek at its two facilities in La Mirada, as the law requires. Instead, the employer paid workers at straight-time rates for all of their hours. Investigators also determined that the employer failed to keep payroll records required by the FLSA, resulting in additional violations.

“The Wage and Hour Division engages in robust compliance assistance effforts to provide the information employers need to comply. When violations do occur, our enforcement ensures that workers get paid what they have earned, and that employers compete on a level playing field,” said Wage and Hour Division District Director Rodolfo Cortez, in San Diego. “We will continue to provide tools to help employers understand their obligations.” 

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.

SAN FRANCISCO, CA – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Revel Systems Inc. – a software company based in San Francisco, California – has paid $791,935 in back wages to 333 employees for violating the Fair Labor Standards Act (FLSA).

WHD investigators found that Revel Systems Inc. paid overtime-eligible employees flat salaries without regard to the number of hours they had actually worked. The company had erroneously applied an exemption from the overtime requirements to employees working in positions such as Client Success Managers, and Client Relations and Sales Support, whose positions failed to meet the criteria required for exemption. This practice resulted in overtime violations when employees worked more than 40 hours in a work week but were not paid overtime. Investigators also discovered that the employer failed to incorporate performance bonuses into employees' overtime calculations.

"Employers must pay their employees all the wages they have legally earned," said Wage and Hour District Director Susana Blanco, in San Jose. "We encourage all employers to reach out to us for assistance so that violations like these 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 https://www.dol.gov/whd, including a search tool to use if you think you may be owed back wages collected by the Division.

PHOENIX, AZ – The U.S. Department of Labor has secured a consent judgment against Austin Electric Services LLC and its president Toby Thomas that orders the Avondale, Arizona-based electrical contractor to pay $925,000 in back wages and liquidated damages to 366 employees and $75,000 in civil money penalties for a number of Fair Labor Standards Act (FLSA) violations.

Entered by the U.S. District Court for the District of Arizona, the judgment also resolves the Department's retaliation claims against the company, its attorneys at the Cavanagh Law Firm, and its owner Scott Tonn. 

First filed by the Department in August 2016, the lawsuit stemmed from a 2015 Wage and Hour Division (WHD) investigation that disclosed systemic off-the-clock work by the contractor's electricians. Evidence showed that Austin Electric managers instructed workers not to record the many weekly hours worked beyond 40 in a week, resulting in unpaid overtime. WHD's 2015 investigation followed an earlier investigation that also revealed systemic violations of the FLSA, including nonpayment of minimum and overtime wages due to Austin Electric's electricians. 

During the litigation, the Department added retaliation claims to the lawsuit after the company and its attorneys coerced employees to sign false statements for the employer to submit to the court in defense of the case. U.S. District Court Judge Roslyn O. Silver ordered the defendants and their counsel to halt any further questioning of their workforce, explaining that the Department was likely to succeed in challenging defendants' collection of employee statements as violations of the anti-retaliation provisions of the FLSA. Judge Silver also prohibited the defendants from using the statements, striking them from the litigation.

"The defendants and their attorneys violated the Fair Labor Standards Act and other basic obligations by trying to coerce false statements from their workforce," said the Department's Regional Solicitor Janet Herold. "Federal labor laws protect workers from retaliation, which includes ensuring that they are free from having employers and their attorneys use their outsized influence to pressure them into signing inaccurate statements that deprive them of the wages they lawfully earned."

"This is a win for these employees and for contractors who play by the rules," said Eric Murray, District Director for the Wage and Hour Division in Phoenix. "The Division is committed to vigorously enforcing the law and protecting workers against retaliation for asserting their rights."

In addition to providing $1 million in unpaid wages, liquidated damages, and penalties, the consent judgment includes several provisions to ensure the defendants' and their attorneys' future compliance with the law. The judgment also prohibits the defendants and their attorneys from engaging in any retaliation in violation of the FLSA. Defendants must also issue notices to workers and managers regarding employees' rights under the FLSA, which includes the right to an accurate record of hours worked.

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.

DUBLIN, OH – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Check Smart Financial LLC – based in Dublin, Ohio, and operator of 530 CheckCashing USA locations in 12 states – will pay $80,593 in unpaid wages to 474 current and former employees.

The WHD investigation of five local branches of the company revealed Check Smart Financial LLC violated overtime requirements of the Fair Labor Standards Act (FLSA) by making deductions from employees' pay to recover cash shortages in the stores. This practice resulted in violations during workweeks when employees worked over 40 hours.

Based upon the findings in Ohio, the employer cooperated in expanding the review to all CheckCashing USA locations, and will pay back wages to employees affected by the illegal deduction issue companywide.

"Employers must pay their employees all the wages they have legally earned. As a result of the U.S. Department of Labor investigation, Check Smart Financial LLC has stopped the deduction practice to ensure compliance with the federal Fair Labor Standards Act," said Wage and Hour Division District Director George Victory, in Columbus. "We encourage all employers to contact us for guidance and to use the wide variety of tools we offer to help them comply with the law."

If you think you may be owed back wages collected by WHD, you can search our database of workers for whom we have money waiting to be claimed. If you find that you are due money, you can submit a claim. Begin by entering the employer's name, then click "WOW Search."

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 WHD, contact the Division's toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at http://www.dol.gov/whd.

INDIANAPOLIS, IN – After several investigations by the U.S. Department of Labor's Wage and Hour Division (WHD), Best One Tire Group – based in Monroe, Indiana – has agreed to pay $1,023,808 in overtime back wages and liquidated damages for 1,056 employees nationwide for violations of the Fair Labor Standards Act (FLSA).

WHD investigated 203 tire stores operating under the Best One Tire Group in 24 states and found 835 employees were due $622,142 in overtime back wages. Wage violations occurred when the employer failed to include bonuses, commissions, incentive pay, and shift differentials in the calculation when determining overtime pay rates. Excluding these amounts from worker's total straight time rates resulted in the employers paying overtime at rates lower than those required by law. Thirteen prior investigations conducted in 2017 and 2018 at various tire stores under the Best One Tire Group found $218,486 in overtime back wages and $183,180 in liquidated damages due to 221 employees for similar violations.  

"The violations disclosed in these investigations are far too common. The U.S. Department of Labor's Wage and Hour Division is committed to increasing knowledge and awareness of the laws so that employees receive all their hard-earned wages," said Wage and Hour District Director Patricia Lewis, in Indianapolis. "This employer cooperated during the investigations and is taking steps to ensure compliance at all of their locations. We encourage employers to contact WHD for guidance and compliance assistance."

In an effort to educate others in the industry, Best One Tire Group agreed to write a compliance article for a tire industry trade magazine and to conduct an FLSA audit of any new companies wishing to join the Best One Group to ensure compliance with wage laws. The tire group will also require any new companies to pay any back wages found due in the audits prior to admitting them into the organization.

In addition to conducting investigations, WHD conducts outreach events for employers and industry stakeholders to provide compliance assistance and information on both employers' and employees' legal rights and responsibilities.

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 federal labor laws, call the division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd.