SAN ANTONIO, TX – Taqueria Chapala Jalisco restaurant – based in San Antonio, Texas – has paid $208,642 to 69 employees to resolve violations of the Fair Labor Standards Act's (FLSA) minimum wage, overtime, and recordkeeping requirements found at four of its locations during a U.S. Department of Labor Wage and Hour Division (WHD) investigation.

WHD investigators found the employer paid employees flat amounts per day without regard of the number of hours they actually worked in a workweek. This practice resulted in overtime violations when kitchen and wait staff worked up to 60 hours per week without overtime pay. In some instances, the employees worked so many hours that the day rates failed to meet the federal minimum wage of $7.25 per hour. The employer also failed to maintain time records for these employees, violating the FLSA's recordkeeping provisions.

Taqueria Chapala Jalisco cooperated fully with the investigation and has taken steps to comply with the federal regulations going forward.

"The U.S. Department of Labor is committed to ensuring employees receive all the wages they have rightfully earned, and that employers compete on a level playing field," said Wage and Hour Division District Director Cynthia Ramos, in San Antonio. "We encourage employers to reach out to us for assistance to ensure they are in compliance with the law."

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.

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.

Read this news release En Español

WASHINGTON, DC – The U.S. Department of Labor's Wage and Hour Division announced today that in the upcoming weeks it will hold public listening sessions 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 plans to update the Overtime Rule, and is interested in hearing the views and ideas of participants on possible revisions to the regulations.

Listening sessions will be held in the following cities:

ATLANTA, GA
September 7, 2018, 10 a.m.-12 p.m.
Intercontinental Buckhead Atlanta, 3315
Peachtree Rd NE – Trippe Room
Atlanta, GA

SEATTLE, WA
September 11, 2018, 10 a.m.-12 p.m.
Jackson Federal Building
912 2nd Ave., Ste 566
Seattle, WA

KANSAS CITY, MO
September 13, 2018, 10 a.m.-12 p.m.
Holiday Inn Country Club Plaza
One E 45th St. – Ballroom A/B
Kansas City, MO

DENVER, CO
September 14, 2018, 10 a.m.-12 p.m.
Remington Arms Room
DFC – Building 41
Denver, CO

PROVIDENCE, RI
September 24, 2018, 10 a.m.-12 p.m.
Rhode Island Convention Center
1Sabin Street – Room 551A/B
Providence, RI

There is no fee to attend the listening sessions; however, registration is required. To register for one of the sessions above, 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://dol.gov/whd.

SYLACAUGA, AL – Ironworks subcontractor Hoytt Reinforcing Inc. – based in Sylacauga, Alabama – will pay $106,046 in back wages, overtime, and fringe benefits to 77 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 determined that Hoytt Reinforcing Inc. inaccurately classified employees doing the work of reinforcing ironworkers as laborers. Hoytt Reinforcing Inc. then paid these employees the rate applicable to laborers, which is less than the required rate for ironworkers, creating the prevailing rate and fringe benefit violation. Due to the inaccurate classification, the employer violated the CWHSSA when it paid overtime based upon these incorrectly lower rates when employees worked more than 40 hours in a workweek. Investigators also found the employer violated the FLSA by failing to maintain accurate time records, a violation of the recordkeeping requirements.

Hoytt Reinforcing Inc. is an ironworks subcontractor on the I-65 and I-20/59 interchange and bridge replacement project in Birmingham, Alabama - a project funded by the U.S. Department of Transportation’s Federal Highway Administration and the Alabama Department of Transportation. 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.

“No contractor should gain an economic advantage by paying workers below the wages and fringe benefits required on a prevailing wage project,” said Wage and Hour Division District Director Kenneth Stripling, in Birmingham. “Not only does this practice undercut what the workers involved are legally owed for their work, it results in unfair competition for contractors who play by the rules.”

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.

ANAHEIM, CA – Two hotels in Anaheim, California, have paid $59,142 in back wages and liquidated damages to 87 employees after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found overtime and recordkeeping violations of the Fair Labor Standards Act (FLSA).

WHD investigators found that New Century Enterprises LLC – doing business as Hotel Indigo Anaheim – and Union Investments USA LLC – doing business as Ramada Plaza Anaheim – failed to pay employees overtime for hours worked beyond 40 hours per week during some pay periods. Investigators also found the hotels failed to pay housekeepers for work they performed off-the-clock. The investigation found these employees punched out at the end of their scheduled shifts, but returned to work to complete unfinished tasks such as cleaning remaining guest rooms, stocking their cleaning carts, and emptying their trash bins. This practice resulted in additional overtime violations. Investigators also cited the hotels for failing to maintain accurate payroll records.

“These two investigations help ensure that workers receive their full earnings, and that employers compete on a fair-and-level playing field,” said Wage and Hour Division District Director Rodolfo Cortez, in San Diego. “Employers must pay employees for all hours that they work, and in compliance with the law. We encourage all employers to make use of the many tools our agency offers to explain their responsibilities, and to help them avoid violations.”

These two hotels operated under the same management and payroll services.

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.

INDIANAPOLIS, IN – Sixteen employees of The Journey restaurant – based in Indianapolis, Indiana – will receive $45,828 in back wages following an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) that disclosed overtime and recordkeeping violations of the Fair Labor Standards Act (FLSA).

WHD investigators determined the “back of the house” employees at The Journey restaurant worked an average of 63 hours per week for flat salaries without regard to the number of hours they had worked. This practice resulted in overtime violations when these employees worked more than 40 hours in a workweek and the employer failed to pay overtime. The employer’s failure to record the number of hours employees worked also resulted in recordkeeping violations.

The employees worked as line cooks, dishwashers, and in food preparation.

“This investigation represents the U.S. Department of Labor’s commitment to ensuring employees receive all the wages they have rightfully earned, and that employers compete on a level playing field,” said Wage and Hour Division District Director Patricia Lewis in Indianapolis. “Employers can avoid wage violations by contacting us for assistance to ensure they are in compliance with the law.”

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.

ROCK ISLAND, TN – Hillis Group LLC, based in Rock Island, Tennessee, will pay $89,204 in back wages and liquidated damages to 42 employees after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found that the asphalt and trucking company violated overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found Hillis Group LLC paid drivers flat rates per day regardless of the number of hours they worked resulting in overtime violations when the drivers worked more than 40 hours in a workweek with no additional pay. The company also failed to keep record of employees’ work start and finish times resulting in violations.

“Employers have an obligation to pay employees in accordance with the law for all the hours they have worked. Failing to do so creates a hardship for the workers, and places other employers at a competitive disadvantage,” said Wage and Hour Division District Director Nettie Lewis, in Nashville, Tennessee. “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.

ELKHART, IN – Recreational vehicle manufacturer RV Factory LLC – based in Elkhart, Indiana – will pay $55,484 in overtime back wages to 157 former and current employees following an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) that found multiple violations of the overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

WHD determined RV Factory LLC – which operates as The RV Factory – ­­failed to pay employees overtime at time-and-one-half their regular rates of pay when they worked beyond 40 hours in a workweek. Instead, the company paid a flat daily rate to some employees regardless of the number of hours they worked. When overtime was paid, RV Factory LLC failed to include workers’ production bonuses when determining those rates, resulting in payment based on rates lower than those required by law. A recordkeeping violation was also found when the employer failed to track the number of hours worked by one non-exempt salaried employee.

“This investigation is an example of the Department of Labor’s commitment to ensuring employees receive all the wages they have rightfully earned, and that employers compete on a level playing field,” said Wage and Hour Division District Director Patricia Lewis in Indianapolis. “Employers have an obligation to understand and to comply with the labor laws applicable to their business. We encourage employers to contact the Wage and Hour Division for assistance to ensure they understand their obligations, and to make use of the many tools we provide to help them.”

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.

INDIANAPOLIS, IN – JLBS Construction, a construction company based in Indianapolis, Indiana, will pay $98,236 in overtime back wages to 112 employees, following an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) that found the employer had violated overtime requirements of the Fair Labor Standards Act (FLSA).  

WHD investigators determined JLBS Construction ­­– which operates as J.L. Building Solutions ­­– failed to pay employees overtime at time-and-one-half their regular rates when they worked beyond 40 hours in a work week. The company instead paid straight time rates regardless of the number of hours employees had worked.

“Often times our investigators find that employers believe they are correctly compensating employees based on false information and pay practices in certain industries that are illegal. In this case, the company took immediate action to fix its pay practices,” said Wage and Hour Division District Director Patricia Lewis in Indianapolis. “We encourage employers to contact the Wage and Hour Division for assistance to ensure they understand their obligations under the law, and to make use of the many tools we provide to help them.”

In addition to paying the back wages, J.L. Building Solutions hired a human resources officer to ensure compliance with wage laws in the future.

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.

GUAYNABO, PR– Ceres Environmental Services Inc. – a contractor based in San Juan, Puerto Rico – which installed temporary roofing as part of hurricane recovery efforts in Puerto Rico, has paid $500,000 in back wages to 995 employees to resolve violations of the overtime requirements of the Fair Labor Standards Act (FLSA).

Investigators from the U.S. Department of Labor’s Wage and Hour Division (WHD) found that field employees, including blue roof installers, carpenters, drivers, and laborers, often worked 12 or more hours per day, six to seven days per week, yet the employer failed to pay them overtime for the hours they worked beyond 40 in a week. Additional overtime violations resulted when Ceres failed to record and pay for time employees spent working before and after their scheduled shifts, and when they worked through their meal breaks.

Ceres Environmental Services Inc. also misapplied an overtime exemption to several job categories including clerical office positions, paying those workers flat salaries without regard to the number of hours they worked. This practice resulted in overtime violations when those employees worked more than 40 hours per week yet were not paid overtime. The employer also failed to reimburse workers who purchased steel-toed boots that were required as personal protective equipment.

“Employees performing vital disaster relief work must be paid the wages they have legally earned for all the hours that they work,” said Wage and Hour Division Caribbean District Director José R. Vazquez. “The resolution of this case demonstrates our commitment to those workers, and to providing employers the tools they need to comply with the law. Our work levels the playing field for employers who play by the rules.”

Ceres Environmental Services Inc. performed the Blue Roof/Blue Tarp Prime Contract installing temporary roofing in Puerto Rico from October 1, 2017 to March 31, 2018.

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

Read this news release in Spanish.

MANASSAS, VA - A direct mail company has paid $355,672 in back wages and an equal amount in liquidated damages to 73 employees to resolve violations of overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA) following an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD).

WHD investigators found that RPG Enterprise LLC - doing business as Planet Direct Mail - misclassified production employees as independent contractors, and failed to pay them overtime when employees worked more than 40 hours in a workweek. The Manassas, Virginia, company also failed to maintain records required by law. The willful nature of the violations led to an additional assessment of $32,099 in penalties, which the company has paid.

 “Planet Direct Mail paid some employees the proper wages with overtime, while paying the misclassified independent contractors straight-time for the hours they worked in excess of 40 per week,” said Acting Baltimore Wage and Hour District Director John DuMont. “We are committed to holding employers accountable when they attempt to circumvent the law.”

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 federal wage laws, call the Division’s toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd.