SUNRISE, FL – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), J & J Inc. – a painting and water-proofing company based in Sunrise, Florida – will pay $86,530 in back wages to 25 employees for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators determined that J & J Inc. – operating as Eagle Painting – incorrectly classified the majority of its employees as independent contractors, paying them a straight-time rate for all hours worked, which resulted in overtime violations when the employees worked more than 40 hours in a workweek. The employer also directed employees to begin workdays by loading equipment into company vehicles before traveling to work sites. WHD found that J & J Inc. did not start recording work hours until the employees arrived at the work site and failed to pay the employees for any of their pre-shift work loading vehicles, or for their travel time to and from the job sites. This practice resulted in overtime violations of the FLSA when the pre-shift hours and work site hours combined to exceed 40 hours in a workweek.

In addition, WHD found that J & J Inc. failed to maintain accurate records that included employees' travel time to and from work sites, and did not include staff incorrectly classified as independent contractors.

"The law requires employers to pay workers for all the hours they work, including any time spent working before or after scheduled shifts, or traveling between job sites during the workday," said Wage and Hour Division District Director Tony Pham, in Miami. "The Wage and Hour Division works to ensure that employees receive the wages they rightfully earned, and that employers compete on a level playing field. We encourage all employers to reach out to us and to use the wide variety of tools we offer to help them understand their responsibilities."

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.

LIGONIER, PA - After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Bethlen Home of the Hungarian Reformed Federation of America – a continuing care retirement community based in Ligonier, Pennsylvania – paid $39,704 in back wages and liquidated damages to 92 employees for violating the Fair Labor Standards Act (FLSA).

The recovery comes after the U.S. District Court for the Western District of Pennsylvania entered a consent judgement, which in addition to requiring the payment of back wages and damages, permanently enjoins the employer from future violations of FLSA overtime and recordkeeping provisions.

WHD investigators found Bethlen Home of the Hungarian Reformed Federation of America - doing business as Bethlen Communities Inc. - violated FLSA overtime and recordkeeping requirements at its Pennsylvania facilities, which consist of three divisions: Bethlen Home-Skilled Nursing & Rehabilitation Center, Bethlen Communities Home Health and Hospice Service, and Ligonier Gardens Personal Care & Retirement Center. Specifically, WHD found that the employer failed to include workers' shift bonuses when calculating their overtime rates. Excluding these amounts from the calculation resulted in the employer paying overtime rates lower than those required by law. The employer also failed to maintain records of employee bonuses and hourly rates.

"The judgment in this case underscores the Wage and Hour Division's commitment to ensuring that employees  receive all the wages they have rightfully earned," said Wage and Hour District Director John DuMont, in Pittsburgh, Pennsylvania. "Our work also levels the playing field for employers who obey the law."

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.

BRISTOL, TN – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Frizzell Construction Co. Inc. – based in Bristol, Tennessee – will pay $195,193 in back wages, and fringe benefits to 27 employees for violating requirements of the Davis-Bacon and Related Acts (DBRA), the Contract Work Hours and Safety Standards Act (CWHSSA), and the Fair Labor Standards Act (FLSA).

WHD investigators determined that Frizzell Construction Co. Inc. incorrectly classified employees and paid them at rates lower than those applicable to the work they actually performed. The employer paid employees as general laborers when they actually performed more skilled labor as concrete finishers, ironworkers, and carpenters, all of which require payment at higher rates. The employer also failed to record and pay required rates to employees who worked in multiple positions for which different rates applied. These incorrect classifications resulted in the employer paying incorrect prevailing wage rates to the employees and subsequently incorrect overtime rates when they worked more than 40 hours in a workweek.

Investigators also found that due to the incorrect classification, the employer failed to pay or provide required fringe benefits to the affected employees.

"No contractor should gain an economic advantage by paying workers below the wages and fringe benefits required on a prevailing wage project," said Wage and Hour Division District Director Nettie Lewis, in Nashville. "Not only does this practice undercut what the workers involved are legally owed for their work, it results in unfair competition for contractors who play by the rules. We encourage all employers to contact us for guidance to avoid violations and ensure workers receive the wages they have earned."

Frizzell Construction Co. Inc. was contracted to perform construction work on the Morristown Utility Systems Contract A – Lowland Wastewater System Improvements. The Economic Development Agency partially funded the project. The DBRA requires contractors and subcontractors performing work on federal and certain federally funded projects to pay workers prevailing wage rates and fringe benefits as determined by the U.S. Secretary of Labor and as included in their contracts.

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

CLEARWATER, FL – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Advanced Marketing & Processing Inc. – a warrantee insurance company based in Clearwater, Florida – has paid $89,866 in back wages to 138 employees for violations of the overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

The employer, which does business as PMC, paid the back wages after WHD investigators determined PMC misapplied an exemption from the overtime requirements under the FLSA. This misapplication of the exemption led the employer to pay some overtime-eligible employees flat weekly salaries, without regard to the number of hours they had worked. This practice resulted in violations when these employees worked more than 40 hours per week and were not paid overtime. The employer also failed to maintain required records of the number of hours employees worked.

"Employers must understand their obligations and responsibilities under the law. Simply because a pay practice may appear to be common does not, in any way, mean that it complies with the law," said Wage and Hour Division District Director James Schmidt, in Tampa. "The U.S. Department of Labor encourages all employers to make use of the many tools we provide to help them understand and comply with the law, and to call us for assistance."

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.

JEFFERSON, GA – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Hubbell Inc. – a lighting manufacturer based in Shelton, Connecticut – will pay $138,753 in back wages and liquidated damages to 829 employees for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA) at its distribution facility in Jefferson, Georgia.

WHD investigators found that Hubbell Inc. failed to include employees' shift differentials when computing their overtime pay, instead basing their time-and-one-half calculation only on the workers' hourly base rates. Excluding these amounts from the calculation resulted in the employer paying overtime at rates lower than those required by law. The employer also failed to maintain complete and accurate records of the hours employees worked.

"The U.S. Department of Labor is committed to ensuring that employees receive the wages they have earned for all the hours they have worked," said Wage and Hour Division District Director Eric Williams in Atlanta, Georgia. "We are also determined to ensure that employers who fail to comply with the law do not gain an unfair competitive advantage over those who do. We offer a wide variety of tools to help employers understand their responsibilities, and encourage them to reach out to us for guidance to avoid violations."

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.

EDGEWOOD, md – 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 Maryland has entered a consent judgment ordering hotel owner and manager Akhilbhai Patel to pay $78,575 in back wages and an equal amount in liquidated damages to 34 current and former employees at two Edgewood, Maryland locations. The Department also assessed Patel a $6,440 civil money penalty due to the willful nature of the violations.

WHD investigators found that Patel – manager of Blissful Enterprises LLC, and manager and owner of ENA Hotels LLC – violated the overtime provisions of the Fair Labor Standards Act (FLSA).

Investigators determined Patel paid some employees flat salaries, without regard to the number of hours that they worked. This practice resulted in overtime violations when these employees worked more than 40 hours in a week, yet were not paid overtime. The employer further violated overtime requirements when it paid some workers their straight-time hourly rate, rather than time-and-a-half, for hours worked beyond 40 in a workweek.

"The violations committed by this employer denied workers the wages they were legally due," said Wage and Hour Division Acting District Director John DuMont, in Baltimore. "We offer a wide variety of tools that explain the requirements of the law, and encourage employers in all industries to contact us with any questions about compliance. Our goal is to prevent violations from occurring."

"The U.S. Department of Labor does not hesitate to take appropriate steps to rectify FLSA violations and pursue outcomes that prevent them from recurring," said Regional Solicitor of Labor Oscar L. Hampton III, in Philadelphia.

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 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.

PALMETTO, FL – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Utopia Fresh South LLC – operating as Taylor & Fulton Packing LLC in Palmetto, Florida – has paid $87,920 in back wages to 109 employees for violating overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found the employer was ineligible for an agricultural exemption it claimed and, as a result,   failed to pay employees overtime for hours they worked beyond 40 in a workweek. Investigators determined that the employer purchased tomatoes from multiple growers not owned by Taylor & Fulton and repacked them. The agricultural exemption from the overtime requirements applies only to employees involved in growing product or processing and packaging products grown only by that company. Once employees were packing goods brought in from other suppliers, the exemption did not apply, and they were due overtime.

The employer also failed to maintain records of the number of hours employees worked, as required by the FLSA. 

"This case serves as a reminder to agricultural employers that packing house workers who handle comingled goods from multiple growers must be paid overtime," said Wage and Hour Division District Director James Schmidt. "We encourage all employers to review their employment obligations and to contact the Wage and Hour Division for compliance assistance. We have a wide variety of educational materials available to help them understand their responsibilities."

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.

PHILADELPHIA, PA – Two Philadelphia restaurants, J.H.S.K, Inc. and Osaka Japan Restaurant, Inc., both doing business as Osaka, and their owner, have agreed to a consent judgment ordering them to pay $935,000 in back wages and liquidated damages to 201 employees for willful violations of the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). The employers must also pay a $65,000 civil money penalty. The consent judgment must be approved by the U.S. District Court for the Eastern District of Pennsylvania.

The employers agreed to the $1 million settlement midway through the first day of a weeklong bench trial. The consent judgment permanently enjoins the employers from violating the FLSA in the future.

Investigations conducted by the U.S. Department of Labor's Wage and Hour Division (WHD) exposed willful violations of the FLSA at the Osaka restaurants in Philadelphia and Lansdale, Pennsylvania.

WHD investigators determined that from at least September 1, 2013, the employers deducted and pocketed 15 percent of customer tips charged on credit cards, well in excess of the 4 percent fee charged by credit card processors.

The employers also failed to notify tipped employees, including servers, bartenders, bussers, and hosts, that the restaurants were claiming a portion of their customer tips as a credit toward the minimum wage, which is required under the FLSA. Because the employers claimed the tips as a "credit" for the difference between the employees' actual hourly wages and the $7.25 full minimum wage, these actions meant that the employers failed to comply with the FLSA's tip credit requirements and therefore violated the FLSA's minimum wage requirement. 

"Employees must by paid the wages they have legally earned. The Wage and Hour division works to ensure that employees are aware of their rights and helps employers come into compliance with the law," said Wage and Hour Division District Director Jim Cain in Philadelphia.

Additionally, the employers violated the FLSA's overtime provisions since at least September 1, 2013. The employers failed to pay employees the proper time-and-a-half overtime premium for work beyond 40 hours per week. Hourly tipped employees received straight time for all hours worked, even when their time records clearly showed them working more than 40 hours. The employers also paid sushi chefs, hibachi chefs, kitchen cooks, and dishwashers flat daily rates ranging from $80-$150 for all hours worked, even when their time records clearly showed them working upwards of 50-60 hours per week. The company also failed to maintain records required by the FLSA.

"Tip credit and overtime violations are, unfortunately, common in the restaurant industry," said Regional Solicitor Oscar L. Hampton III in Philadelphia. "This enforcement action and settlement helps to ensure  employees are paid at least the federal minimum wage and their lawfully earned overtime pay and also that all employers in the restaurant industry can operate on a level playing field."

The FLSA requires that covered, nonexempt employees be paid at least the minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers also must maintain accurate time and payroll records.

WHD is committed to providing employers with the tools they need to assist them in fulfilling their obligation to understand and comply with the variety of laws the Division enforces. 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 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.

OAKLAND, CA – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), EWC & Associates Inc. – a Northern California owner and operator of two horse training facilities – will pay $1,270,683 in back wages and damages to 30 employees for multiple work visa program and wage violations.

A consent judgment filed in the U.S. District Court for the Northern District of California requires EWC & Associates Inc. - doing business as Portola Valley Training Center in Menlo Park and as Gilroy Gaits in Hollister - to pay back wages and damages, plus an additional $100,000 in civil penalties. The judgment also enjoins EWC & Associates, and owner Kevin Chambers from applying for any labor certification applications, including under the H-2B temporary visa program, for one year.

WHD investigators found the employer failed to pay employees the correct prevailing wage rates required under the H-2B visa program, and also failed to pay the promised rates under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

Investigators also determined EWC & Associates Inc. violated the Fair Labor Standards Act (FLSA) when it paid employees straight time for overtime hours. In addition, the employer:

• Collected kickbacks from the workers' H-2B visa fees;
• Made impermissible deductions for transportation costs to and from the workers' home countries;
• Provided unsafe and unhealthy housing conditions for employees, such as housing employees in converted stables with no running potable water; and
• Failed to keep required records of overtime worked and deductions made from workers' pay.

"The U.S Department of Labor will take all steps necessary to ensure employees receive the wages that they have rightfully earned," said Wage and Hour Division District Director Susana Blanco, in San Jose. "This judgment makes clear our commitment to making sure that employers who break the law don't gain an unfair advantage over law-abiding competitors."

For more information about the H-2B temporary visa program, FLSA, MSPA, 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.

PORTLAND, OR – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Vasquez Family Services – a farm labor contractor – and housing provider Jorge Vasquez were assessed $35,000 in civil penalties after violations of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) left farm workers living in squalid living conditions at their facility in Silverton, Oregon. Vasquez Family Living Services will pay $30,000 in civil penalties for the violations, and housing provider Jorge Vasquez will pay $5,000.

During an unannounced inspection, WHD investigators found farmworkers living in dilapidated, trash-strewn housing with no hot water for showers or working fire extinguishers. They also found workers sleeping on mattresses on the floor, and sleeping quarters for one couple's family separated from others only by a garbage bag hung from the ceiling. Residents also reported seeing rodents throughout the facility.

"Farm labor contractors that provide housing to migrant farmworkers are required to ensure that it meets required health and safety standards," said Wage and Hour Division District Director Thomas Silva, in Portland. "Our agency conducts widespread educational events and offers extensive compliance assistance to growers, farm labor contractors, and other agricultural stakeholders to ensure that employers understand their responsibilities and that workers are housed and transported safely. We encourage anyone with questions about these requirements to call us for information or to visit our website for guidance."

WHD officials worked with the Oregon Occupational Safety and Health Administration and the Mexican Consulate to move the workers to better living conditions after determining that the conditions could not immediately be abated.

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 WHD'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.