OPELIKA, AL – An investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) has resulted in the Opelika, Alabama, Police Department paying $56,681 in back wages to seven officers for violations of overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

The police department paid the back wages after WHD investigators found the employer failed to record and to pay officers for all the hours they worked while performing K-9 care outside of their regularly scheduled shift hours. This practice led to overtime violations when that unpaid work resulted in unpaid overtime. The employer failed to record this time, resulting in a recordkeeping violation under the FLSA.

"Local governments must ensure their pay practices pay employees in compliance with the Fair Labor Standards Act," said Wage and Hour Division District Director Kenneth Stripling, in Birmingham. "The Department of Labor encourages employers to contact the Wage and Hour Division 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.

ELLWOOD CITY, PA – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Boehm Family Enterprises LLC – doing business as McElwain Brothers Paint and Collision in Ellwood City, Pennsylvania – has paid $33,731 in back wages and an equal amount in liquidated damages to 12 mechanics and painters to resolve violations of the overtime provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found that Boehm Family Enterprises LLC violated the FLSA by incorrectly classifying the mechanics and painters as exempt from the law's overtime requirements and paying them only straight time when they worked more than 40 hours in a workweek. Additionally, the employer failed to include employee performance bonuses when determining overtime pay.

"The U.S. Department of Labor is committed to ensuring employees receive the wages they have rightfully earned, and that law-abiding employers compete on a level playing field," said Wage and Hour District Director John DuMont, in Pittsburgh. "The Department's Wage and Hour Division provides many resources to employers to help them comply with the law and understand their responsibilities to employees."

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 its toll-free helpline at 866-4US-WAGE (487-9243). 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.

PROVIDENCE, RI – On September 24, 2018, from 10:00 a.m. to 12:00 p.m. EST, the Wage and Hour Division of the U.S. Department of Labor will hold a public listening session in Providence, Rhode Island, to gather views on the Part 541 white-collar exemption regulations, often referred to as the "Overtime Rule."

Issued under the Fair Labor Standards Act, these regulations implement exemptions from the overtime-pay requirements for executive, administrative, professional, and certain other employees. The Department is working on a proposal to update the Overtime Rule, and is interested in hearing the views and ideas of participants on possible revisions to the regulations.

Location:
Rhode Island Convention Center
1 Sabin Street – Room 551A/B
Providence, Rhode Island  02903

There is no fee to attend the listening session; however, registration is required. To register, click here.

For more information about the Overtime Rule, click here. For more information on the Fair Labor Standards Act, and other federal wage laws administered by the Wage and Hour Division, call the department's toll-free helpline at 866-4US-WAGE (487-9243), or visit the agency's website at http://dol.gov/whd.

LONG BEACH, CA – California Cartage Company LLC – based in Long Beach, California – will pay $3,573,074 to 1,416 employees after the U.S. Department of Labor Wage and Hour Division (WHD) found the company violated federal contract provisions of the McNamara-O’Hara Service Contract Act (SCA).

WHD investigators determined California Cartage Company LLC violated the SCA by failing to pay prevailing wages, and required health and welfare benefits, to employees for work performed at a Centralized Examination Station operated for the U.S. Customs and Border Protection (CBP) at the Port of Los Angeles/Long Beach.

Investigators found the company also failed to apply the SCA clauses and wage determination to contracts for five subcontractors, which resulted in the subcontractors’ failure to pay required prevailing wages and fringe benefits to their employees as well. The contract required certain hourly rates, depending upon the positions workers held, and also required the payment of fringe benefits, holiday, and vacation time.

California Cartage Company LLC received federal funds to provide port drayage services of cargo selected for inspection by the CBP at a centralized examination facility.

“No contractor receiving federal funds to provide services to the government should gain an economic advantage by paying workers below the wages and fringe benefits required by applicable law,” said Wage and Hour Division District Director Kimchi Bui, in Los Angeles. “Workers must be paid what they are legally owed for their work. Violations can be avoided, and we encourage employers to reach out to us for guidance.”

The SCA requires contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality, or the rates, including prospective increases, contained in a predecessor contractor’s collective bargaining agreement.

For more information about the SCA and other laws enforced by the Wage and Hour Division, contact its 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.

WASHINGTON, DC - To ensure compliance with federal wage laws, the U.S. Department of Labor's Wage and Hour Division (WHD) is conducting a nationwide initiative to strengthen compliance with the labor provisions of the H-2B temporary visa program in the landscaping industry. The initiative includes providing compliance assistance tools and information to employers and stakeholders, as well as conducting investigations of employers using this program.

"The H-2B visa program includes specific requirements employers must follow to participate," said Bryan Jarrett, Wage and Hour Division Acting Administrator. "This initiative demonstrates our commitment to educate employers about those rules and enforce them to safeguard American jobs, protect guest workers, and level the playing field for law-abiding employers."

Last year, WHD investigations found more than $105 million in back wages for more than 97,000 workers in industries with a high prevalence of H-2B workers, including the landscaping industry. A key component of the investigations is ensuring that employers recruit U.S. workers before applying for permission to employ temporary nonimmigrant workers.

The H-2B nonimmigrant program permits employers to temporarily hire nonimmigrant workers from outside the United States to perform nonagricultural labor or services in the United States. The employment must be temporary in nature, such as a one-time occurrence, seasonal need, or intermittent need. The landscaping industry employs more H-2B workers than any other industry.

Before employers can be approved to request guest workers under the H-2B program, they must file an application with the Department stating that:

• An insufficient number of U.S. employees are qualified and available to work; and
• The employment of non-immigrant, temporary workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

For more information about the labor provisions of the H-2B program and other laws that WHD enforces, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/whd.

SAN DIEGO, CA – Two San Diego-area massage parlor companies – Yuanjun International Inc. and Rama Thai Massage – will pay 17 employees a collective $61,317 after U.S. Department of Labor Wage and Hour Division (WHD) investigations found violations of the Fair Labor Standards Act (FLSA).

Yuanjun International Inc. – doing business as Massage Eden – erroneously classified its employees as independent contractors, failed to pay the minimum wage for all hours worked, failed to pay overtime, and failed to keep accurate payroll records at three facilities in San Diego County. The company will pay 13 employees a total of $46,555 in back wages.

Separately, FLSA violations were found at two Rama Thai Massage facilities in San Diego and La Jolla. Four employees of Rama Thai Massage will receive a total of $14,762 in back wages.

"The U.S. Department of Labor is committed to ensuring employees receive all wages they have rightfully earned, and encourages all employers to review their pay practices to make certain all employees are classified and paid correctly," said WHD District Director Rodolfo Cortez in San Diego. "We urge all employers to make use of the many tools the Department provides 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 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 www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by WHD.

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Editor's Note: This news release corrects the number of employees owed back wages and a description of the masssage parlors.

SUMMIT, MS – Kased Brothers Halal Meat Inc. – a slaughterhouse based in Summit, Mississippi – paid $14,768 in back wages to 12 employees after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found the company violated minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The company was assessed and paid a civil penalty of $8,368 for child labor violations.

WHD determined Kased Brothers Halal Meat Inc. inaccurately classified employees as independent contractors and paid them a variety of piece rates and flat rates per day without regard to the number of hours they worked. Some employees were paid hourly. Employees paid piece rates or daily rates were paid in violation of minimum wage requirements when those rates failed to cover the federal minimum wage of $7.25 per hour. Overtime violations resulted when the employer failed to pay time-and-one-half to any employees working more than 40 hours in a work week. The company was cited for not displaying required posters and failing to keep records of the number of hours employees worked.

Additionally, WHD found that Kased Brothers Halal Meat Inc. employed three minors to work in the slaughter area, washing and cleaning animal carcasses after a slaughter, a violation of FLSA child labor requirements.

"The Department of Labor is committed to ensuring employees receive all wages they have rightfully earned, and enforcing child labor laws to strike a balance between providing meaningful work experiences for young people and keeping them safe on the job," said Wage and Hour Division District Director Audrey Hall, in Jackson, Mississippi. "We encourage all employers to review employment obligations and contact the Wage and Hour Division for compliance assistance. We remain committed to providing employers the tools they need to understand their responsibilities."

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, 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.

DENVER, CO – On September 14, 2018, from 10:00 a.m. to 12:00 p.m. MDT, the Wage and Hour Division of the U.S. Department of Labor will hold a public listening session in Denver, Colorado, to gather views on the Part 541 white-collar exemption regulations, often referred to as the "Overtime Rule."

Issued under the Fair Labor Standards Act, these regulations implement exemptions from the overtime-pay requirements for executive, administrative, professional, and certain other employees. The Department is working on a proposal to update the Overtime Rule, and is interested in hearing the views and ideas of participants on possible revisions to the regulations.

Location:
Remington Arms Room
Denver Federal Center – Building 41
West 6th Avenue & Kipling Street
Denver, Colorado  80225

There is no fee to attend the listening session; however, registration is required. To register, click here.

For more information about the Overtime Rule, click here. For more information on the Fair Labor Standards Act, and other federal wage laws administered by the Wage and Hour Division, call the department's toll-free helpline at 866-4US-WAGE (487-9243), or visit the agency's website at https://www.dol.gov/whd/.

KANSAS CITY, MO – On September 13, 2018, from 10:00 a.m. to 12:00 p.m. CDT, the Wage and Hour Division of the U.S. Department of Labor will hold a public listening session in Kansas City, Missouri, to gather views on the Part 541 white-collar exemption regulations, often referred to as the “Overtime Rule.”

Issued under the Fair Labor Standards Act, these regulations implement exemptions from the overtime-pay requirements for executive, administrative, professional, and certain other employees. The Department is working on a proposal to update the Overtime Rule, and is interested in hearing the views and ideas of participants on possible revisions to the regulations.

Location:         Holiday Inn Country Club Plaza                                      

                        One E 45th Street – Ballroom A/B

                        Kansas City, Missouri  64111

There is no fee to attend the listening session; however, registration is required. To register, click here.

For more information about the Overtime Rule, click here. For more information on the Fair Labor Standards Act, and other federal wage laws administered by the Wage and Hour Division, call the department’s toll-free helpline at 866-4US-WAGE (487-9243), or visit the agency’s website at http://dol.gov/whd .

SEATTLE, WA – On September 11, 2018, from 10:00 a.m. to 12:00 p.m. PDT, the Wage and Hour Division of the U.S. Department of Labor will hold a public listening session in Seattle, Washington, to gather views on the Part 541 white-collar exemption regulations, often referred to as the "Overtime Rule."

Issued under the Fair Labor Standards Act, these regulations implement exemptions from the overtime-pay requirements for executive, administrative, professional, and certain other employees. The Department is working on a proposal to update the Overtime Rule, and is interested in hearing the views and ideas of participants on possible revisions to the regulations.

Location:
Jackson Federal Building
912 2nd Avenue, Suite 566
Seattle, Washington  98104

There is no fee to attend the listening session; however, registration is required. To register, click here.

For more information about the Overtime Rule, click here. For more information on the Fair Labor Standards Act, and other federal wage laws administered by the Wage and Hour Division, call the department's toll-free helpline at 866-4US-WAGE (487-9243), or visit the agency's website at http://dol.gov/whd.