SEA ISLAND, GA – Sea Island Acquisition LLC has paid $46,922 in back wages to 167 employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation found the Sea Island, Georgia-based employer violated minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators determined Sea Island Acquisition LLC - which operates the resort as Sea Island Co. - failed to pay employees in the housekeeping department for all the hours they worked after supervisors altered their time cards, resulting in minimum wage and overtime violations when the employees worked more than 40 hours per workweek. WHD also found the resort incorrectly classified an accounting employee as exempt, paying a flat salary without regard to the number of hours the employee worked. Overtime violations resulted when this employee worked more than 40 hours per week and the firm paid no overtime. The employer also failed to maintain proof of age for 240 minor employees, resulting in recordkeeping violations.

"Even well-intentioned employers may find themselves in violation of the law if they fail to train their managers and ensure that they operate the employers' business in compliance," said Wage and Hour Division District Director Eric Williams, in Atlanta. "The U.S. Department of Labor remains committed to helping all employers understand their responsibilities and to comply with the law, and to ensuring that employees receive the wages they have rightfully earned."

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.

Employees who believe they may be owed back wages should visit the Workers Owed Wages website.

NAPLES, FL – Aqua Seafood & Steak – a restaurant based in Naples, Florida – has paid $35,942 in back wages and liquidated damages to 15 employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation found the employer violated overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators determined the restaurant paid 15 employees at straight-time rates regardless of the number of hours they worked, failing to pay overtime when employees worked more than 40 hours in a workweek. Additionally, the restaurant paid some employees off the books and failed to record hours for another employee, resulting in recordkeeping violations.

"The Department of Labor's Wage and Hour Division is committed to ensuring that employees receive the wages they have earned for all the hours they have worked," said Wage and Hour Division District Director James Schmidt, in Tampa. "We are also determined to ensure that employers who fail to comply with the law do not gain an unfair competitive advantage over those who do."

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.

MIAMI, FL – Belen Jesuit Preparatory School of Miami, Florida, will pay $635,269 to 461 employees for violations of the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) found in a U.S. Department of Labor Wage and Hour Division (WHD) investigation. WHD also assessed the school $47,578 in civil money penalties for violations of the FLSA's child labor requirements.

Investigators determined that Belen Jesuit Preparatory School classified summer camp counselors incorrectly when it labeled them as exempt from the FLSA's minimum wage and overtime requirements, and paid them flat weekly salaries without regard to the number of hours they had actually worked. This practice resulted in overtime violations when employees worked more than 40 hours in a week yet were not paid overtime. The school also required summer counselors to attend 16 hours of unpaid training prior to the start of camp, resulting in minimum wage violations for those unpaid hours. Summer counselors did not clock in or out for work or lunch breaks and were required to attend an additional 30-to-45-minute weekly meeting, which was also not reflected in time records. The failure to maintain accurate time records resulted in recordkeeping violations.

Investigators also found the school violated child labor requirements when it employed 97 counselors, 14- and 15-years old, to work more than 40 hours per week. The FLSA caps work time for those minors at 40 per week when school is not in session.  

"The well-being of minors in the workplace remains a priority for the Wage and Hour Division," said Wage and Hour Division District Director Tony Pham, in Miami. "We appreciate this employer's cooperation in working with us to correct these violations and come into compliance. We encourage all employers to use the many tools we offer to learn about their responsibilities and to avoid violations."

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 toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at https://www.dol.gov/whd.

SAN DIEGO, CA – The U.S. District Court for the Central District of California entered a consent judgment ordering Fisher Ranch LLC to pay $21,168 in back wages and $49,104 in civil money penalties for violations of the Migrant Seasonal Workers Protection Act (MSPA) following a 2017 work-related motor vehicle accident that killed one worker and injured six others outside of Calexico, California. This action follows a U.S. Department of Labor Wage and Hour Division (WHD) investigation.

WHD investigators found the Blythe, California, agricultural company failed to ensure that its farm labor contractor, Healthy Harvesting, provided safe transportation to and from the fields for the workers. Under MSPA, growers are required to use "transportation authorized" farm labor contractors to protect workers from unqualified drivers or travel in unsafe vehicles.

In March 2017 a van overturned with seven farmworkers inside, killing one and injuring six others. The California Highway Patrol (CHP) determined that a blown tire and a missing seat belt led to the tragedy. The report also found that another of the van's tires was bald, and that two wheels were missing lug nuts to fully secure the wheels to the van. In addition, CHP found the driver did not have a commercial driver's license and that his personal driver's license was suspended.

"Growers must use transportation-authorized farm labor contractors to prevent these types of tragic and avoidable deaths," said the U.S. Department of Labor's Regional Solicitor Janet Herold, in Los Angeles.  "Farmworkers should not be putting their lives on the line simply by being transported to and from the fields by unqualified drivers using unsafe vehicles."

"The Wage and Hour Division provides multiple tools for agricultural employers, describing their responsibilities to ensure they understand how to comply with the law," said Rudolfo Cortez, WHD's District Director in San Diego. "We encourage all employers to reach out to us for confidential assistance at any time."

In addition to the payments, the consent judgment also requires Fisher Ranch LLC to:

• Contract only with farm labor contractors that are transportation authorized;
• Implement an enhanced monitoring program of its farm labor contractor's transportation practices;
• Ensure that their farm labor contractors use safe and properly insured vehicles to transport farmworkers; and
• Pay for radio advertisements to notify farmworkers about their wages due, among other requirements.

The Department's Solicitor's Office filed a lawsuit against Fisher Ranch LLC and its owner, Bart Fisher, alleging that they violated MSPA requirements to ensure the safety of the transporting of agricultural workers.  This case was resolved through a consent judgment entered on July 25, 2018.

To operate legally as farm labor contractors, individuals and companies must register with the U.S. Department of Labor. Farm labor contractors that intend to house, transport, or drive a migrant or seasonal agricultural worker must meet special requirements. Application materials and instructions can be found online at https://www.dol.gov/whd/forms/fts_wh530.htm

Employees and employers with questions about MSPA or any of the federal laws administered by the Division should call the agency's toll-free helpline at 866-4US-WAGE (487-9243). All calls are confidential. More information also is available online at http://www.dol.gov/whd/.

DETROIT, MI – The U.S. Department of Labor's Wage and Hour Division (WHD) is conducting a building construction survey in the metropolitan counties of Michigan to collect data to establish prevailing wage rates, as required under the Davis-Bacon and Related Acts. The survey covers active building construction projects in metropolitan counties between April 1, 2017, and March 31, 2018. It 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 Acting Midwest Regional Administrator Ruben Rosalez. "The Department needs the full participation of the Michigan 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 complete wage determinations 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 Dec. 31, 2018, 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.

PUNXSUTAWNEY, PA - Benjamin D. Coblentz, a Punxsutawney, Pennsylvania forestry and logging company, will pay $26,985 in civil money penalties after the U.S. Department of Labor's Wage and Hour Division (WHD) found violations of child labor provisions in the Fair Labor Standards Act (FLSA) during an investigation of a serious injury sustained by an employee under the age of 16.

WHD investigators found that Benjamin D. Coblentz - doing business as Coblentz Custom Sawing - employed two minors under the age of 16 in violation of the FLSA's child labor requirements, which, with very few exceptions, prohibit performance of all occupations in a sawmill by workers less than 18 years old. WHD also found the company willfully violated FLSA requirements when it employed one of the minors specifically to operate a wood saw. This minor suffered a deep cut on his arm while operating the saw, requiring hospitalization.  

WHD also cited the company for its failure to maintain records of the dates of birth for the two minors and for failing to display a FLSA poster, as required.

"This injury didn't have to happen," said Wage and Hour Division District Office Director John DuMont, in Pittsburgh. "Child labor laws exist to strike a balance between providing meaningful work experience for young people, and keeping them safe on the job. The Wage and Hour Division remains committed to providing employers the tools they need to understand their responsibilities."

The FLSA prohibits minors from working in occupations declared hazardous by the U.S. Secretary of Labor, including, in most instances, all occupations in forestry service, logging and sawmilling operations.

Employees and employers can get more information about federal wage laws administered by the Division by calling the agency's toll-free helpline at 866-4US-WAGE (487-9243). Employees can also file complaints confidentially. More information also is available online at https://www.dol.gov/whd.

LITTLE ROCK, AR – The U.S. District Court for the Eastern District of Arkansas has ordered Macuil's Tire And Service Center LLC and owner Sergio Macuil to pay $76,648 in back wages and liquidated damages to 12 employees for willful violations of the overtime provisions of the Fair Labor Standards Act (FLSA). The employer was also assessed a $14,160 civil penalty.

The action follows the company's failure to respond to a lawsuit filed by the U.S. Department of Labor after its Wage and Hour Division (WHD) investigated the company's pay practices. In its order, the court also found the company violated the FLSA's recordkeeping provisions, and granted a permanent injunction prohibiting future violations of the FLSA.

WHD investigators determined that the company and Macuil willfully failed to pay overtime to 12 technicians at its four Little Rock locations. When employees worked more than 40 hours in a workweek, the company failed to pay overtime and instead compensated them at their regular rates of pay. The company also failed to keep required records of hours worked and weekly earnings.

"All employees are entitled to receive the wages they have earned," said Little Rock Wage and Hour Division District Director Hanz Grünauer. "The U.S. Department of Labor is committed to stopping willful violations of the FLSA and to providing employers the tools they need to comply 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.

Docket No.: 4:18-cv-00069-JM

SAN DIEGO, CA – Ziegler Inc. – a Santa Ana, California, garage door supplier – will pay $55,764 owed to 43 employees after a U.S. Department of Labor’s Wage and Hour Division (WHD) investigation found the employer violated minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found that Ziegler Inc. paid some workers a piece rate without regard to the number of hours they worked. This practice resulted in minimum wage violations when the piece rate paid failed to cover all the employees’ hours at the federal minimum wage of $7.25 per hour. Overtime violations resulted when these employees worked more than 40 hours in a work week but were not paid overtime.

Additional overtime violations were found when the employer incorrectly classified some employees as independent contractors and paid them without regard to the number of hours they had worked. Other workers were paid flat salaries without regard to their hours, resulting in more overtime violations when these employees worked more than 40 hours in a week. Additional overtime violations resulted when Ziegler Inc. simply paid some workers straight time rates for overtime hours on the face of the records.

“We encourage employers to contact the Wage and Hour Division for assistance, and to make use of the many tools we provide to help them understand the law and avoid violations,” said Wage and Hour Division District Director Rodolfo Cortez, in San Diego. “This investigation demonstrates the Department of Labor’s commitment to ensuring that workers receive the wages they have legally earned, and that employers compete on a fair and level playing field.”

Ziegler Inc. manufactures custom-made garage doors and gates from its facility in Santa Ana.

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.

MEMPHIS, TN – An investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) has found Memphis-based public charter school KIPP: Memphis Collegiate High School violated the Family and Medical Leave Act (FMLA) when the school district terminated an employee after denying her right to take time off for a condition that qualified for protected leave. The school district has paid the employee $39,886 in lost wages.

Investigators found that KIPP: Memphis Collegiate High School violated the FMLA when they discharged the employee for absences that should have been covered under the FMLA. The employer's erroneous denial of FMLA leave resulted in it considering those absences unauthorized, triggering the disciplinary action. The settlement covers income lost since the employee's dismissal, including six months of wages, including raises and bonuses. Investigators also found that the school district's FMLA notification policies omitted key information that it is required to provide to employees.

"The resolution of this case demonstrates our commitment to protecting employees' rights and educating employers about their responsibilities under the law," said Wage and Hour Division District Director Nettie Lewis, in Nashville.

KIPP: Memphis Collegiate High School has paid the back wages and other pay in full.

For more information about the FMLA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at https://www.dol.gov/whd.

WYNNE, AR – As a result of a U.S. Department of Labor Wage and Hour Division (WHD) investigation, Matthews Sweet Potato Farm, based in Wynne, Arkansas, has paid $56,193 in back wages to 113 employees, and $6,600 in civil money penalties to settle violations of the labor provisions of the H-2A temporary agricultural visa program.

WHD investigators found the employer gave H-2A workers preferential treatment when they paid American workers less than those paid to H-2A workers. The employer also failed to reimburse H-2A workers for the full cost of their transportation from their home towns to the farm and back again, as the law requires. Additionally, Matthews Sweet Potato Farm failed to provide local workers engaged in similar work as the H-2A workers with written work contracts. The employer also failed to record the time the workers began and ended each workday.

"Any employer seeking H-2A workers must abide by all of the program's requirements," said Wage and Hour Division District Director Hanz Grünauer, in Little Rock. "This case demonstrates the Department of Labor's commitment to safeguard American jobs, level the playing field for law-abiding employers, and ensure that workers are paid the wages that they are legally owed."

The H-2A temporary agricultural program establishes a means for agricultural employers, who anticipate a shortage of domestic workers, to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.

The program requires an employer to attest to the U.S. Department of Labor that it will offer a wage that equals or exceeds the highest of the following: the prevailing wage for the occupation and geographic area, applicable federal minimum wage, state minimum wage, or local minimum wage. This wage must be paid to the H-2A workers and certain similarly employed U.S. workers during the entire period of the approved labor certification. The program also establishes recruitment and displacement standards to protect similarly employed American workers.

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 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.

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