INDIANAPOLIS, IN – The U.S. Department of Labor’s Wage and Hour Division (WHD) is conducting a statewide survey of active residential construction projects in Indiana between August 1, 2017, and July 31, 2018, to establish prevailing wage rates, as required under the Davis-Bacon and Related Acts. The data collection initiative is not limited to federally funded construction projects.

“Davis-Bacon prevailing wage rates should reflect the actual wages and fringe benefits paid to construction workers in the county where the work takes place,” said Wage and Hour Division’s Midwest Regional Administrator Michael Lazzeri. “The U.S. Department of Labor needs the full participation of the Indiana construction industry community to set prevailing wage rates. Full participation by contractors and interested parties will allow us to provide accurate prevailing wages and to create a complete wage determination which, in turn, reduces the need for contractors to request additional classifications.”

Notification letters and data collection forms (WD-10s) are being sent to interested parties and contractors known to the Wage and Hour Division. Data must be postmarked by May 31, 2019, to be included. To complete the survey electronically, visit www.dol.gov/whd/programs/dbra/wd10/index.htm.

You do not need a letter to answer the survey. If you would like to participate, or have questions regarding the survey process and forms, contact Alecia Upshaw at 312-596-7208.

AUSTIN, 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 Austin, Texas, on December 17, 2018.

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.

The forum will include members of the Division’s Washington, D.C., Austin and Dallas offices as well as representatives from the Texas Workforce Commission, ACC-Center for Nonprofit Studies, and employer associations from the area.

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

For more information about the PAID program, visit www.dol.gov/whd/PAID, or call 866-4US-WAGE. For more information about this event, contact Community Outreach Specialist Brenda Hernandez at Hernandez.Brenda@dol.gov or (512)236-2576.

HOUSTON, 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 Houston, Texas, on December 6, 2018.

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:      December 6, 2018
10:00 a.m. to 12:00 p.m. CST

WHERE:     Houston Community College-West Loop Campus Auditorium
5601 West Loop South
Houston, TX 77081

The forum will include members of the Division’s Washington, D.C., and Houston offices, and Dallas regional staff 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.

For more information about the PAID program, visit www.dol.gov/whd/PAID, or call 866-4US-WAGE. For more information about this event, contact Community Outreach Specialists Ana Arredondo at Arredondo.Ana@dol.gov or Lucia Garcia at Garcia.Lucia@dol.gov.

SACRAMENTO, CA – Self-Serve Petroleum Inc. – owner and operator of multiple gas stations and convenience stores in Northern California – will pay $45,957 to 40 employees after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found overtime, minimum wage, and recordkeeping violations of the Fair Labor Standards Act (FLSA).

WHD investigators found that Self-Serve Petroleum Inc. failed to pay required overtime rates of time-and-a-half for hours worked beyond 40 in a workweek to employees in Auburn, Dixon, and Davis, California. The employer also failed to pay at least the federal minimum wage of $7.25 per hour to one employee. Self-Serve Petroleum also failed to keep accurate time records.

“Employers must pay their employees all the wages they have legally earned,” said Wage and Hour Division Assistant District Director Patricia Canites, in Sacramento. “We encourage employers to use the tools the Department provides to help them 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.

HOT SPRINGS, AR – Premier Parks LLC – operator of Magic Springs Theme and Water Park in Hot Springs, Arkansas – has paid $13,734 in civil money penalties to resolve violations of the Fair Labor Standards Act's (FLSA) child labor provisions discovered during a U.S. Department of Labor Wage and Hour Division (WHD) investigation.

Premier Parks LLC violated federal child labor law by employing 14- and 15-year-old minors to work outside of the specific timeframes allowed for workers of that age, and for more hours than allowed by law. WHD investigators found 21 minors worked after 7 p.m. on school nights, worked more than 3 hours on a school day, worked more than 8 hours on a non-school day, worked after 9 p.m. during the summer, and worked more than 40 hours per week during non-school days - all FLSA violations.

"Companies that employ minors must be aware of the rules that apply to workers less than 18 years old," said Wage and Hour Division District Director Hanz Grünauer, in Little Rock, Arkansas. "We encourage all employers to contact the Department of Labor's Wage and Hour Division with any questions they may have."

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.

BATESVILLE, MS – Prime Inns Inc. – operator of a Hampton Inn hotel in Batesville, Mississippi – has paid $15,917 in back wages and liquidated damages to 25 employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation determined the employer violated minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found that Prime Inns Inc., based in Olive Branch, Mississippi, automatically deducted 30 minutes from employees' work time for meal breaks, even when they worked through those breaks. This practice resulted in minimum wage violations when the employer failed to pay housekeepers for all of the hours they had worked, and in overtime violations when this unpaid time resulted in employees working more than 40 hours per week, without overtime. The employer's practice of paying overtime after 80 hours in a two-week period, instead of after 40 hours in one workweek, resulting in additional overtime violations.  

WHD also determined the Prime Inns Inc. edited employee timesheets to reduce their numbers of hours to avoid paying overtime, and failed to include bonuses in their calculations for overtime, causing the employer to pay rates lower than those required by law. In addition, recordkeeping violations resulted due to the employer's failure to keep accurate records of the number of hours employees worked.

"When employers intentionally violate the law by falsifying time and payroll records to pay their workers less than the law allows, everyone loses," said Wage and Hour Division District Director Audrey Hall, in Jackson. "These unlawful pay practices harm workers, and give the employer an unfair advantage over law-abiding employers in the industry."

The Wage and Hour Division provides a wide variety of tools to educate employers about their responsibilities and to help them 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.

ATLANTA, GA – RREMC Restaurant LLC – parent company of Denny's restaurants in Byron, Columbus, and Norcross, Georgia – has paid $122,523 in back wages and liquidated damages to 245 employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation determined the employer violated minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found that RREMC Restaurant LLC falsely increased reported tip amounts for servers and deleted or reduced time from their daily hours. By doing so, the employer violated FLSA minimum wage requirements when the employees' actual hourly earnings fell below the federal minimum wage of $7.25 per hour. The employer's actions led to overtime violations when they deducted or erased employees' hours and then failed to pay overtime when they worked more than 40 hours in a workweek. WHD also determined the restaurants violated FLSA recordkeeping requirements when they failed to keep accurate records of employees' hours.

"Employers must ensure that their employees receive the wages they have legally earned for all the hours they have worked," said Wage and Hour Division District Director Eric Williams, in Atlanta. "We are determined to ensure that employers who fail to comply with the law do not gain an unfair advantage over those who do."

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos, confidential calls, or in-person visits to local WHD offices.

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.

MINNEAPOLIS, MN – Three restaurants in Minnesota and one in northern Iowa will pay $831,232 in back wages to 113 current and former employees following an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD). Investigators found violations of the minimum wage, overtime, and recordkeeping requirements of the Fair Labor Standards Act (FLSA) at the four restaurants.

Plaza Garibaldi – a part of Las Lomas Inc. and owned by Janete Alvarez Campos based in Redwood Falls, Minnesota – will pay $151,269 to 30 employees. La Terraza Mexican Grill and Bar – a part of Los Ocampo Inc. and owned by Janete Alvarez Campos and Leticia Salazar Rizo based in Mankato, Minnesota – will pay $160,182 to 26 employees. Plaza Garibaldi Authentic Mexican Restaurant Inc. – owned by Janete Alvarez Campos, Denise Y. Fernandez and Leticia Salazar Rio based in New Ulm, Minnesota – will pay $390,067 to 31 employees. Las Palmas Mexican Restaurant – part of Las Palmas Mexican Restaurant Inc. and owned by Janete Alvarez Campos, Leticiz Salazar Rizo and Benjamin Alberto Ruiz based in Mason City, Iowa – will pay $129,714 to 26 employees.

WHD investigators found the restaurants, in some instances, required servers to "kick back" their hourly wages and work only for tips. The employer also paid bussers, food runners, cooks, and dishwashers' flat salaries, without regard to the number of hours they worked. This practice resulted in minimum wage violations when those salaries failed to cover employees' hours at the federal minimum wage of $7.25 per hour, and in overtime violations when employees worked more than 40 hours in a workweek without being paid overtime. Additional minimum wage violations occurred when the employers deducted the cost of uniforms from servers' wages. The owners' failure to record and pay workers for some of the hours that they worked resulted in additional minimum wage and overtime violations, and in recordkeeping violations.

"Employers must pay their employees the wages they have legally earned," said Wage and Hour Division District Director David King in Minneapolis. "We encourage employers to make use of the many tools the Wage and Hour Division provides to help them understand their obligations, and to contact us for assistance."

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 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.

PORTLAND, OR – The U.S. District Court for the District of Oregon has entered a consent judgment against Gerald (“Jerry”) Brazie, Jr. and three Portland, Oregon-based companies he controls, requiring that their drivers be paid $3,087,100 in wages and liquidated damages for violations of the Fair Labor Standards Act (FLSA). The judgment also requires the delivery service to pay $112,900 in civil money penalties.

The judgment acts on a lawsuit the U.S. Department of Labor brought in December 2016 against Brazie and his companies – Senvoy LLC, Driver Resources LLC and ZoAn Management Inc. – seeking to remedy the systemic denial of minimum wages and overtime pay to couriers driving under the Senvoy name since at least 2010. Brazie illegally required these Senvoy LLC-controlled drivers to sign contracts with Driver Resources LLC, a corporate shell entity managed by ZoAn Management Inc. Ultimately, the violations arose from Senvoy LLC’s practice of classifying its couriers as independent contractors, rather than as employees. As a result, Senvoy LLC failed to pay its couriers for all hours worked and charged the couriers a host of expenses, including the cost of gas and other costs attendant to using the drivers’ vehicles for Senvoy LLC’s delivery work. 

“The facts here were clear and unequivocal: these drivers, under unambiguous and long-settled federal law, are and were Senvoy LLC employees,” said Regional Solicitor Janet Herold. “It is not just employees here who were cheated of millions of dollars in wages due, but also taxpayers who bore the burden of Senvoy LLC’s unlawful practices as the company used this unlawful practice to avoid payment of federal and state payroll taxes. Employers that do so enjoy an unfair and unlawful advantage over their law-abiding competitors, to the significant detriment of both the employees and taxpayers.”

In addition to the recovery of $3.2 million in unpaid back wages, liquidated damages, and penalties, the judgment, entered October 12, 2018, orders the defendants to classify immediately all drivers as employees who are entitled to the full payment of the federal minimum wage, overtime pay, and reimbursement for work-related expenses, such as gas and use of drivers’ personal vehicles. Further, to ensure that Senvoy LLC remains in compliance with the FLSA, the defendants must obtain a third-party audit of their employment practices within six months and issue notices to their workers and managers regarding employees’ rights under the FLSA.

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 to use if you think you may be owed back wages collected by WHD.

MOUNTAINSIDE, NJ – The U.S. Department of Labor's Wage and Hour Division (WHD) has begun an education and enforcement initiative to ensure New Jersey's childcare industry complies with federal wage laws, as the Division addresses consistent violations of the Fair Labor Standards Act (FLSA).

The initiative includes outreach efforts to provide WHD compliance assistance to educate childcare employers. WHD is working with stakeholders in the industry to provide the tools and information they need to understand their responsibilities and to comply with the law.

"Childcare industry employees deserve to be paid the wages they have legally earned," said Wage and Hour District Director John Warner, in Mountainside, New Jersey. "With nearly 19,000 people employed in the industry in New Jersey, the U.S. Department of Labor wants to make sure everyone knows and follows the rules. Our goal is to ensure industry-wide compliance, and to educate employers so they can avoid violations."

Since October 2017, WHD investigations nationwide have identified employers that owed more than $1.3 million in back wages to more than 3,500 people employed in the childcare industry. In these investigations, WHD commonly finds employers paying straight time rates for overtime hours; misapplying exemptions from minimum wage and overtime requirements; making deductions from employees' pay for uniforms that bring their rates below the federal minimum wage of $7.25 per hour; and failing to pay for all of the hours employees work.

The FLSA requires that covered, nonexempt 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.

The Office of Compliance Initiatives (OCI) - housed within the Department's Office of the Assistant Secretary of Policy - fosters a compliance assistance culture within the Department designed to complement its ongoing enforcement efforts. In August 2018, OCI launched a revamped Worker.gov to provide information about workers' rights and an all-new Employer.gov to provide information about the responsibilities of job creators toward their workers.

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 https://www.dol.gov/whd.