CLEVELAND HEIGHTS, OH – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Unger’s Kosher Bakery Inc. – a bakery and grocery store based in Cleveland Heights, Ohio – has paid $80,726 in back wages to 27 employees for overtime and recordkeeping violations of the Fair Labor Standards Act (FLSA).

WHD investigators determined the employer violated federal wage laws by failing to pay employees overtime when they worked more than 40 hours in a workweek. Investigators found the company generally paid straight time for all hours worked and directed some employees to use a second time card to record any hours they worked in excess of 40 in a workweek. The employer paid for hours recorded on the second time cards in cash, at straight time. The employer violated FLSA recordkeeping requirements when they failed to maintain accurate payroll records showing the total number of hours employees worked, or the total payments made to workers.

“Our enforcement of the Fair Labor Standards Act’s wage requirements ensures that workers are paid the wages they have earned, and levels the playing field so that employers who break the law do not gain an unfair economic advantage over those who play by the rules,” said Wage and Hour District Director George Victory, in Columbus. “We encourage employers to contact us for confidential guidance, and to use the wide variety of tools we offer to help them understand their responsibilities, and comply with the law.”

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). 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 http://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by the Division.

SAVANNAH, GA – Wilmington Senior Care LLC - operator of a senior living community in Savannah, Georgia – has paid $15,241 in back wages and liquidated damages to six employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation determined the employer violated overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found that Wilmington Senior Care LLC – operating as Summer Breeze Senior Living – automatically deducted time from workers' timecards for lunch breaks and failed to pay employees who worked through those breaks. This practice resulted in unpaid overtime, creating violations when affected employees worked more than 40 hours in a week. The employer's failure to keep accurate records of the number of hours employees worked also resulted in a recordkeeping violation of the FLSA.

"The Wage and Hour Division is committed to ensuring a level playing field for operators of these facilities and guaranteeing that employees receive the wages they legally earned," said Wage and Hour Division District Director Eric Williams, in Atlanta. "We encourage all employers to reach out to us and to use the variety of tools we offer to ensure that their pay practices comply with federal law."

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.

LITTLE ROCK, AR - 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 Little Rock, Arkansas, on January 31, 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 31, 2019
9:00 a.m. to 11:00 a.m. CST

WHERE: Association of Arkansas Counties
1415 W 3rd Street
Little Rock, AR 72201

The forum will include members of the Division's Washington, D.C., Dallas, and Little Rock offices, as well as representatives from the Arkansas Department of Labor's Labor Standards Division, the Arkansas State Chamber of Commerce, and other employer associations from the area.

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

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.