SANFORD, FL – After a U.S. Department of Labor Wage and Hour Division (WHD) investigation, Central Florida Bakery Inc. – based in Sanford, Florida – has paid $28,055 in back wages and liquidated damages to 18 employees for violating minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA). WHD also assessed the company a civil money penalty of $5,455.

WHD investigators determined that Central Florida Bakery Inc. paid one employee a weekly salary that failed to cover all of the hours that employee worked at $7.25 per hour, a minimum wage violation. The employer also paid overtime-eligible 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 per week yet the employer failed to pay overtime in addition to their salaries. Additional overtime violations resulted when Central Florida Bakery Inc. failed to include earned bonuses in workers' rates when computing their overtime, resulting in rates lower than the law requires. WHD also found recordkeeping violations when the employer failed to maintain accurate records of the hours employees worked. A previous WHD investigation concluded in 2015 also disclosed overtime violations.

"Employers have the responsibility to pay employees all the wages they have legally earned," said Wage and Hour Division District Director Daniel White, in Jacksonville, Florida. "We encourage employers to contact us with any questions they may have, and to use the wide variety of tools we offer to help them understand their obligations and to comply with the 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.

LOS ANGELES, CA – The U.S. Department of Labor recovered more than $1.5 million in back wages and damages for 668 Southern California garment industry employees in investigations by its Wage and Hour Division (WHD) in Fiscal Year 2018.

WHD investigations found employers paid below the federal minimum wage of $7.25 per hour. WHD also determined that employers it investigated often failed to pay employees overtime at time-and-one-half of their regular rates of pay when they worked more than 40 hours in a week, as required by the Fair Labor Standards Act (FLSA).

As part of its efforts, WHD officials continue to educate employers and to meet with retailers to encourage them to buy only from suppliers that comply with federal labor laws, and to examine the role that garment pricing plays in a manufacturer's ability to pay workers legally required minimum wages.

"We still find high rates of noncompliance even after years of strong education and outreach efforts balanced with targeted enforcement in the garment industry," said Wage and Hour Division Regional Administrator Ruben Rosalez, in San Francisco. "These employees are regularly denied minimum wage and overtime for the long, hard hours they put in on the job. All those in the industry need to recognize that if the price they pay for production done in the U.S. is too low, it can cause egregious minimum wage and overtime violations, unfairly undercutting their competition."

Notable results of the Division's FY2018 investigations in Los Angeles include:

• $49,974 to 32 employees after Valle Fashion failed to pay overtime to employees who, in many cases, earned less than the federal minimum wage. Valle also failed to maintain adequate time records.
• $61,765 to 18 employees who DAWA Fashion failed to pay at least the federal minimum wage and overtime. Investigators determined DAWA used computer software to falsify pay records.
• $32,623 to 11 employees after KIT failed to pay employees the federal minimum wage and overtime. Investigators also cited KIT for recordkeeping violations,
• $54,211 to 16 employees for the failure of Casa Q to pay employees the federal minimum wage and overtime. WHD also cited Casa Q for recordkeeping violations.

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

SAN FRANCISCO, CA – The U.S. Department of Labor has placed a Wage and Hour Division investigator in Fairbanks, Alaska, to enhance its outreach and enforcement activities, and to ensure compliance with federal labor laws in the Alaska Interior Region.

The Department added the position to maintain an enforcement presence in the region during a period of unprecedented military growth. The Alaska Economic Trends report issued in January 2018 suggests that projects related to two new squadrons of F-35s planned for Eielson Air Force Base will spur hundreds of millions of dollars in new construction projects for the Fairbanks area. In response, the Division seeks to ensure employers pay prevailing wages to those employed on federally funded projects, and to raise awareness of - and compliance with - a myriad of federal labor laws, including the Davis Bacon and Service Contract Acts.

"Our Fairbanks presence will help to keep pace with the increase in labor that comes with increased military infrastructure spending," said Wage and Hour Regional Administrator Ruben Rosalez, in San Francisco. "A strong education and enforcement program helps to ensure that businesses and contractors comply with federal labor laws."

The new Alaskan resource in Fairbanks expands WHD's presence beyond Anchorage. Investigators in Alaska report to the WHD District Office in Seattle, Washington. Employers, employees, or others interested in contacting the Division in Fairbanks should call (206) 398-8039.

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

LEESBURG, FL – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), White Aluminum & Windows LLC – based in Leesburg, Florida – will pay $102,767 in back wages to 41 employees for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators determined the employer paid overtime-eligible managers and staff flat salaries without regard to the number of hours that they worked. This practice resulted in overtime violations when the employer failed to pay overtime in addition to salaries to employees who worked more than 40 hours per week. White Aluminum & Windows LLC also failed to include earned commissions and bonuses in workers' pay rates when computing overtime pay and based overtime only on each employee's base rate - causing additional overtime violations. WHD also found recordkeeping violations resulting from the employer's failure to maintain accurate records of the hours employees worked.

"Paying employees on a salary basis does not necessarily exempt them from overtime pay when they work over 40 hours in one week," said Wage and Hour Division District Director Daniel White, in Jacksonville. "Employers must understand their obligations and responsibilities under the law. We encourage all employers to make use of the various 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.

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.