EDINBURG, TX - The U.S. Department of Labor's Wage and Hour Division (WHD) will provide a training seminar for agricultural employers including growers, shippers, packers, and harvesters in Edinburg, Texas, on January 16 and 17, 2019.

Training will include information about the Fair Labor Standards Act (FLSA), Migrant and Seasonal Worker Protection Act (MSPA), Occupational Safety and Health Act of 1970, H-2A temporary agricultural worker and H-2B non-agricultural worker programs, and  Internal Revenue Service (IRS) reporting requirements, as well as other state and federal reporting requirements. WHD encourages growers, shippers, and harvesters to attend. Farm Labor Contractors will be able to renew their certification at the seminar. The training is open to the public and there is no cost to attend. 

For more information or to pre-register, call the Division's McAllen District office at 956-682-4631.

WHAT: Annual Wage and Hour Division Agricultural Seminar

WHEN: January 16 and 17, 2019
9:00 a.m. to 4:30 p.m. CST

WHERE: University of Texas Rio Grande Valley
Small Business Development Center
CESS Building Suite 1.300
1407 E. Freddy Gonzalez Dr.
Edinburg, TX 78520

The training will be provided by members of the Division's Washington, D.C., and McAllen, Texas, offices as well as representatives from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), Texas Department of Agriculture (TXDA), U.S. Food and Drug Administration (USDA), and the IRS.

LITTLE ROCK, AR – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Jai Mata LLC – operator of the MStar Motel in Searcy, Arkansas – has paid $53,055 in back wages to 11 employees to resolve violations of the Fair Labor Standards Act (FLSA) overtime and minimum wage requirements.

WHD investigators found the employer violated FLSA overtime and minimum wage requirements when it: failed to pay employees at least the federal minimum wage of $7.25 per hour for every hour they worked; paid employees flat salaries without regard to the number hours they actually worked, resulting in overtime violations when these employees worked more than 40 hours in a workweek without overtime pay; and made a monthly deduction from employees' pay for employer-provided lodging credit without regard to actual costs of that housing, and required employees to live onsite.

Investigators found the employer failed to keep accurate records of the employees' work hours, violating record keeping requirements of the FLSA. The motel also failed to display required FLSA information.

"Employers are responsible for paying their employees all the wages they have legally earned," said Wage and Hour Division District Director Hanz Grünauer, in Little Rock. "We offer a wide variety of tools to explain their responsibilities, and encourage employers in all industries to contact us with any questions about compliance. Our goal is to prevent violations from occurring."

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.

SAN ANTONIO, TX - The U.S. Department of Labor's Wage and Hour Division (WHD) will present an educational forum about developments in its policies and regulations, and its Payroll Audit Independent Determination Program (PAID), in San Antonio, Texas, on February 7, 2019.

PAID facilitates resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). The program's primary objectives are to resolve such claims quickly and without litigation, to improve employers' compliance with overtime and minimum wage obligations, and to ensure that more employees receive the back wages they are owed – faster.

WHAT: Wage and Hour Division Educational Forum
Payroll Audit Independent Determination Program (PAID) Educational Forum

WHEN: February 7, 2019
10:00 a.m. to Noon CST

WHERE: Alamo Area Council of Government (AACOG)
8700 Tesoro Dr., #160
San Antonio, TX 78217

The forum will include members of the Division's Washington, D.C., Dallas, and San Antonio offices, as well as representatives from the Texas Workforce Commission and employer associations from the area.

Attendance is free, but pre-registration is required. Complete advance registration.

BIRMINGHAM, AL – J&L Imperium Industries LLC – based in Dallas, Texas – has paid $24,072 in back wages to 10 employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation found the company violated 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), while operating at a worksite in Birmingham, Alabama.

WHD investigators found J&L Imperium Industries LLC inaccurately classified several employees working as batch plant managers or truck drivers and one office administrator as exempt from the overtime requirements of the FLSA when none met the requirements for exemption. J&L Imperium Industries LLC paid all of the affected employees' flat weekly salaries, regardless of the number of hours they worked, resulting in overtime violations when they worked more than 40 hours per week without overtime payment.

J&L Imperium Industries LLC also employed workers in violation of the CWHSSA. Some employees who worked on the project were not paid time-and-one-half for their overtime hours when they worked more than 40 hours in the workweek.

J&L Imperium Industries LLC provides ready-mix concrete contracting labor and has been contracted to work in Birmingham on the I-65 and I-20/59 interchange and bridge construction project, funded by the U.S. Federal Highway Administration and the Alabama Department of Transportation. The DBRA requires contractors and subcontractors performing work on federally funded or assisted 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.

"Failing to pay required overtime creates an unfair economic advantage over employers that do comply with the law and pay their employees all the wages they have legally earned," said Wage and Hour Division District Director Kenneth Stripling, in Birmingham. "Employers should confirm they understand all of their responsibilities and legal obligations. The Wage and Hour Division is always available to provide information and guidance for anyone that needs assistance navigating the laws we enforce."

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.

TUSCALOOSA, AL – Maldonado Roofing LLC – based in Tuscaloosa, Alabama – will pay $57,428 in back wages, overtime, and fringe benefits to 41 employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation found the employer violated 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 found that Maldonado Roofing LLC failed to pay one employee for overtime hours worked on a Davis-Bacon Act covered project, resulting in a violation of the CWHSSA. The employer also failed to pay several employees overtime when they worked more than 40 hours in a workweek on a commercial project as required by the FLSA. Additionally, Maldonado Roofing failed to submit accurate certified payroll records and maintain accurate records of the number of hours employees worked, as required by the Davis-Bacon Act. Investigators also found the employer violated FLSA recordkeeping requirements by failing to maintain accurate daily records of the number of hours employees worked.

Maldonado Roofing LLC performs metal roofing installation and has been contracted to install the roofing at the Edge Business Resource Center – a project funded by the U.S. Department of Housing and Urban Development. 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.

"Employers who do not pay legally required overtime gain an unfair advantage over those who do," said Wage and Hour Division District Director Kenneth Stripling, in Birmingham. "If employers have concerns or questions about their pay practices, they can contact the Wage and Hour Division confidentially for assistance."

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 they are owed back wages collected by the Division.

SURF CITY, NC – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Max's Pizza Inc. – a Surf City, North Carolina, pizza and sub restaurant – has paid a civil penalty of $14,287 for violating the minimum wage and child labor requirements of the Fair Labor Standards Act (FLSA).

WHD investigators determined Max's Pizza Inc. violated child labor requirements when the company exposed four minors, ages 16 and 17, to hazardous occupations by requiring them to clean a meat slicer with blades, and a large dough mixer. The FLSA prohibits youth under the age of 18 from operating, setting up, adjusting, repairing, oiling, or cleaning these machines.

The Department also found Max's Pizza Inc. failed to meet minimum wage requirements when tipped employees' pay totaled less than $7.25 per hour. When a tipped employee's direct wages, plus their tips, total less than the federal minimum wage, the employer must make up the difference. The company also made illegal payroll deductions for tipped employees' uniforms and failed to maintain required payroll records.

"Child labor laws exist to strike a balance between providing meaningful work experience for young people and keeping them safe on the job," said Wage and Hour Division District Director Richard Blaylock, in Raleigh, North Carolina. "Employers should take the time to familiarize themselves with child labor requirements in an effort to prevent employees under the age of 18 from participating in prohibited work. We encourage all employers to review their employment obligations and to contact the Wage and Hour Division for compliance assistance."

For more information about the FLSA, child labor, 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 WHD.

OMAHA, NE – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), a federal court in Omaha, Nebraska, entered a consent judgment ordering China Palace Inc. and owners and operators – Miao Hui Zhang and Jian Zhang – to pay $145,987 in back wages, liquidated damages and interest to eight current and former employees. Investigators found repeat and willful violations of the minimum wage, overtime, and recordkeeping requirements of the Fair Labor Standards Act (FLSA) at the Omaha restaurant, resulting in the assessment of an additional $8,800 civil money penalty.

WHD investigators found the restaurants, in some instances, failed to cover employees’ hours at the federal minimum wage of $7.25 per hour, and also failed to pay overtime when employees worked more than 40 hours in a workweek. The owners’ failure to record and pay workers for some of the hours worked resulted in additional minimum wage, overtime, and recordkeeping violations.

The restaurant had been previously investigated, and had failed to make any changes to come into compliance with the law.

“Employers must pay their employees all the wages they have legally earned,” said Wage and Hour Division Assistant District Director Richard Tesarek in Omaha. “This employer had a chance to implement changes and failed to do so.”

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). 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.

NASHVILLE, TN – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), the U.S. District Court for the Middle District of Tennessee has ordered Reynolds Baldwin III – doing business as Copperhead Construction LLC and formerly as Sara-Tech LLC – to pay $501,000 in back wages and liquidated damages to 82 employees to resolve violations of the minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA). Additionally, WHD assessed the Spring Hill, Tennessee-based company $29,000 in civil money penalties.

WHD investigators found Reynolds Baldwin III failed to pay employees overtime when they worked more than 40 hours in a workweek. Investigators also found, in some instances, that the company illegally altered time records to record and pay for fewer hours than employees had actually worked. Reynolds Baldwin III also failed to maintain accurate records of hours worked and failed to display required posters in the workplace.

"The Wage and Hour Division will use all of the tools at its disposal to ensure workers receive the wages they have legally earned," said Nashville District Director Nettie Lewis. "This case should remind all employers to ensure their pay practices follow the law, and that we encourage them to contact the Wage and Hour Division with their questions about compliance assistance."

In December 2017, the U.S. Department Labor's Office of the Solicitor filed a complaint against the construction companies and Reynolds Baldwin III to remedy the violations found in the current investigation. Reynolds Baldwin III settled with the Department and the parties filed a consent judgment and order that the court approved on December 4, 2018. In addition to the order to pay the back wages and damages, the court has enjoined Copperhead Construction LLC, Sara-Tech LLC, and Reynolds Baldwin from committing future FLSA 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.

NEW ORLEANS, LA - The U.S. Department of Labor's Wage and Hour Division (WHD) will present an educational forum about developments in its policies and regulations, and its Payroll Audit Independent Determination Program (PAID), in New Orleans, Louisiana, on January 9, 2019.

PAID facilitates resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). The program's primary objectives are to resolve such claims quickly and without litigation, to improve employers' compliance with overtime and minimum wage obligations, and to ensure that more employees receive the back wages they are owed – faster.

WHAT: Wage and Hour Division Educational Forum
Payroll Audit Independent Determination Program (PAID) Educational Forum

WHEN: January 9, 2019
10 a.m. to Noon CST

WHERE: Tulane University, Bowers Auditorium
1555 Poydras St.
New Orleans, LA 70122

The forum will include members of the Division's Southwest Region, and New Orleans offices as well as representatives from the Louisiana Workforce Commission and employer associations from the area. If you are unable to attend in person, you can participate from the comfort of your own desk.

Attendance is free, but pre-registration is required. Complete advance registration.

Editor's Note: This release has been updated to reflect changes in forum participants.

NASHVILLE, TN – The U.S. District Court for the Middle District of Tennessee, Nashville Division, has ordered Hetal Patel Inc., Pankaj and Hetal Patel, and Madhusudhan Naik - operators of the Woodlands Indian Vegetarian Cuisine restaurant - to pay $220,000 in back wages and liquidated damages to 31 employees at its Nashville, Tennessee, restaurant. The action comes after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found violations of minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators determined the employers paid some food prep workers, cooks, and dishwashers flat salaries without regard to the number of hours they actually worked. These employees worked approximately 60 hours per week, resulting in hourly rates less than the federal minimum wage of $7.25 per hour. In addition, the employers failed to pay required overtime to these employees when they worked more than 40 hours in a workweek. Investigators also found the employers failed to keep required payroll records, an FLSA violation.

“Employers are responsible for paying their employees all the wages they have legally earned,” said Nettie Lewis, the Wage and Hour Division's district director in Nashville. “The Department’s Wage and Hour Division provides a wide variety of tools for employers to learn about these requirements, and encourages them to reach out to us for assistance so that violations can be avoided.”

In December 2017, the Department’s Office of the Solicitor filed a complaint against Hetal Patel Inc., Pankaj and Hetal Patel, and Madhusudhan Naik to remedy the violations found in the investigation. The defendants settled with the Department and the parties filed a consent order and injunction that the court approved on December 11, 2018. In addition to ordering the payment of back wages and damages, the court has also enjoined all the parties named from committing future FLSA 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.