JACKSONVILLE, FL – Stone World Imports and Manufacturing Inc. – a countertop installation company based in Jacksonville, Florida – has paid $49,269 in back wages to 21 employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation determined the employer violated overtime provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found that the employer paid only straight time rates to employees without regard to how many hours they worked. This practice resulted in overtime violations when the employer failed to pay time-and-a-half for hours employees worked beyond 40 in a workweek, as the law requires.

"The Fair Labor Standards Act requires employers to maintain accurate records of the number of hours employees work, and pay proper overtime when they work more than 40 hours in a workweek," said Wage and Hour Division District Director Daniel White, in Jacksonville. "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.

OKLAHOMA CITY, OK – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Backyard Energy Services – based in Oklahoma City, Oklahoma – has paid $253,399 in back wages and $2,163 civil money penalties to resolve violations of the Fair Labor Standards Act's (FLSA) overtime, child labor, and recordkeeping requirements.

The employer violated federal overtime law when it misclassified employees as independent contractors and paid them flat daily rates without regard to the number of hours they worked. This practice resulted in overtime violations when the company failed to pay overtime to these employees when they worked more than 40 hours in a workweek. Investigators also found Backyard Energy Services erroneously classified its intrastate drivers as exempt from FLSA-overtime requirements, and paid them flat salaries without consideration for overtime pay when they worked over 40 hours in a workweek. The company also failed to keep records of the number of hours employees worked as required by the FLSA.

In addition, Backyard Energy Services violated child labor laws when it employed a 17-year-old to operate a front-end loader and track hoe.

"Employers have a legal responsibility to pay their employees for all of the hours that they work, including overtime hours," said Wage and Hour Division District Director Michael Speer, in Oklahoma City, Oklahoma. "By enforcing the FLSA, the U.S. Department of Labor helps to level the playing field for all employers and ensure workers get the wages and employment protections they are due."

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.

CAMDEN, AR – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Ouachita County Medical Center – a non-profit corporation headquartered in Camden, Arkansas – has paid $91,044 in back wages to resolve violations of the Fair Labor Standards Act's (FLSA) overtime provisions.

Ouachita County Medical Center violated the law when it required employees to remain onsite overnight, but failed to include those hours when calculating overtime payment. Additionally, the employer calculated overtime at rates lower than those required by law for some of its employees. The employer also failed to keep complete time and payroll records as required by the FLSA.

"Emergency medical professionals are critical to the welfare of the American people. We work to ensure that they, and all employees, are paid the wages they have legally earned," said Wage and Hour Division District Director Hanz Grünauer, in Little Rock, Arkansas. "We encourage employers to reach out to us for free and confidential assistance at any time to ensure that they are paying their employees correctly."

The U.S. Department of Labor 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.

TAMPA, FL – The U.S. Department of Labor's Wage and Hour Division (WHD) office in Tampa, Florida, conducted 350 investigations of employers in the restaurant industry in fiscal year 2018, finding over $1 million in back wages and liquidated damages for more than 1,500 employees for minimum wage and overtime violations of the Fair Labor Standards Act (FLSA). WHD assessed more than $19,000 in civil money penalties in these investigations. As part of this effort, the Tampa district office engaged with several chambers of commerce and multiple other stakeholders in payroll and human resources to provide compliance assistance and education to help ensure that employers in the restaurant industry understand their responsibilities and how to avoid violations.

WHD recovered more than $476,000 in back wages for more than 600 employees after their employers violated the overtime requirements of the FLSA through pay practices such as improperly classifying some employees as exempt from overtime, resulting in violations when they worked more than 40 hours in a workweek without overtime pay. Violations also occurred when employers paid tipped employees overtime at rates based on their direct cash wages instead of the full applicable minimum wage, as required by law.

More than 1,000 employees received over $335,000 in back wages to remedy FLSA minimum wage violations resulting from practices such as employers failing to provide final paychecks to employees who had left their jobs, inaccurately calculating the employers' credit against their minimum wage obligations for tips received by employees, illegally deducting money from employees' paychecks for cash or merchandise shortages, and charging workers for uniforms. Illegal tip pooling arrangements also resulted in minimum wage violations.

WHD found child labor violations when seven employers failed to adhere to the FLSA's requirements for employing workers under the age of 18, ranging from employing minors in prohibited hazardous occupations to employing workers under 16 years old beyond the number of hours or times of day permitted.

"Federal law allows employers a wide variety of methods to pay their employees. None of these methods, however, relieves employers from their legal responsibility to keep track of all the hours employees work, and to ensure that they pay for all of those hours," said District Director James Schmidt, in Tampa. "When restaurant owners violate the law, they gain an unfair economic advantage over their law-abiding competitors. We provide numerous tools and conduct extensive outreach to help employers understand their responsibilities and avoid violations."

WHD provides more information about concluded investigations in our publicly available online enforcement database, at https://enforcedata.dol.gov/homePage.php.

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.

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.