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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MARATHON, FL – FL Food Services LLC, operating as Porky's Bayside Restaurant and Marina, will pay $73,626 in back wages to 35 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 FL Food Services LLC, based in Marathon, Florida, violated the FLSA's overtime requirements when it paid workers for overtime hours at straight time rates, in cash. The employer also incorrectly considered some employees to be independent contractors rather than employees. The inaccurate classification resulted in overtime violations when the employer paid these employees straight-time cash payments for all hours that they worked, including any hours beyond 40 in a workweek. The restaurant also failed to post required FLSA posters.

"Employers that fail to pay employees the wages they have legally earned must not gain a competitive advantage over those that comply with the law," said Tony Pham, Wage and Hour Division Miami District Director. "The U.S. Department of Labor encourages restaurant owners and all employers to reach out to their local Wage and Hour Division office for information about how to comply, and to make use of the many resources we offer to explain their responsibilities and how to 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.

ADEL, GA – The U.S. Department of Labor's Wage and Hour Division (WHD) has revoked the certificate of registration for H-2A farm labor contractor Jesus Contreras for violating requirements of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). Contreras provided 29 farmworkers to harvest and package mixed green vegetables at VPC Produce LLC/4 Way Farms LLC in Adel, Georgia.

As a result of the violations, the WHD has assessed Contreras $77,885 in civil money penalties and found that the employer owes $1,894 in back wages to 10 farmworkers.

Contreras violated MSPA requirements by failing to maintain payroll records, failing to register a driver as a farm labor contractor employee, and by housing farmworkers at a different address than he indicated on his farm labor certificate.

WHD investigators determined Contreras also violated H-2A requirements by failing to reimburse 10 farmworkers for expenses associated with their travel to the U.S., and failed to provide housing that met safety and health standards. Investigators found inoperable fire alarms, exposed wiring, and mold present in the employer-provided housing, among other infractions.

"Any employer seeking H-2A workers must be ready and willing to abide by all of the program's requirements, and must not attempt to shift any of the employer's costs onto the workers," said Wage and Hour District Director Eric Williams, in Atlanta. "To ensure a level playing field for employers who do comply, to protect American workers, and to protect guest workers, WHD will use all enforcement tools at our disposal, including the revocation of the farm labor certificate, for employers who fail to follow the rules."

Before the U.S. Citizenship and Immigration Services can approve an employer's petition for H-2A visa workers, the employer must file an application with the Department of Labor stating that:

• An insufficient number of U.S. employees are able, willing, 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.

Employers are encouraged to review the MSPA ineligible farm labor contractor and H-2A debarment lists prior to contracting for labor.

LENOIR CITY, TN – Proton Power Inc. has paid $143,336 in back wages to 82 employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation found that the biodiesel fuels company violated minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found Proton Power Inc. of Lenoir City, Tennessee, failed to pay employees at least the minimum wage and overtime rates at time-and-one-half for hours worked over 40 in a workweek due to missed payroll.

"When employers fail to pay employees the wages they have legally earned, they harm employees and gain an unfair advantage over their law-abiding competitors," said Wage and Hour Division District Director Nettie Lewis, in Nashville. "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.

ORLANDO, FL – An investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) has determined Orlando-based construction company GMH Construction Inc. violated child labor and recordkeeping requirements of the Fair Labor Standards Act (FLSA). As a result, WHD issued the company $3,530 in civil money penalties.

WHD investigators found that GMH Construction Inc. violated federal law when it allowed a 16-year-old employee to operate a man lift and a grinder for cutting metal and concrete, both occupations declared hazardous for minors, and prohibited for employees less than 18 years old under the FLSA. The employer also failed to maintain proof of age for the minor, resulting in the recordkeeping violation.

"Protecting young employees is a priority for the U.S. Department of Labor," said Wage and Hour Division District Director Daniel White, in Jacksonville. "Companies that employ minors must be aware of the special rules that apply to workers less than 18 years old. We encourage all 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). Information is also available at https://www.dol.gov/whd.

HASTINGS, FL – A U.S. Department of Labor Wage and Hour Division (WHD) investigation found that Sauceda Contractor Inc., an H-2A farm labor contractor, violated the labor provisions of the H-2A visa program and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) when it provided farmworkers to harvest cabbage at Barnes Farm in Hastings. As a result, the company has paid $19,847 in back wages to 53 employees, and WHD assessed the employer $5,526 in H-2A and MSPA civil money penalties.

WHD investigators determined the company failed to provide the number of meals for which it charged workers, failed to reimburse H-2A workers for their transportation expenses from their home countries, failed to reimburse workers for their visa fees, and failed to meet the housing safety and health requirements. Additionally, Sauceda Contractor Inc. transported migrant workers while using an expired MSPA farm labor contractor's certification, failing to file a renewal application, as required.

Investigators also determined that Sauceda Contractor Inc. violated H-2A recruitment requirements when it included a requirement to lift 60 pounds in the newspaper advertisement seeking American workers but did not apply that same requirement to the H-2A workers. Additionally, Sauceda Contractor Inc. advertised in Alabama and Georgia newspapers when the positions were in Florida.

"Any employer seeking H-2A workers must be ready and willing to abide by all of the program's requirements, and must not attempt to shift any of the employer's costs onto the workers," said Wage and Hour Division District Director Daniel White, in Jacksonville. "This case demonstrates our commitment to protect vulnerable workers from being paid less than they are legally owed or otherwise working under substandard conditions, and to safeguard American jobs, level the playing field for law-abiding employers."

For more information about the MSPA, H-2A and other laws enforced by the Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at http://www.dol.gov/whd.

ANN ARBOR, MI – Joak American Homes – operator of seven affiliated homecare companies in Michigan – will pay $125,793 in back wages owed to 58 employees after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found the company violated the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators determined that the Ann Arbor-based company failed to pay the hourly non-exempted workers at time-and-one-half of their regular rate of pay for all hours worked over 40 in a workweek. Joak American Homes also made improper deductions from the salary of exempted workers. 

"The U.S. Department of Labor is committed to ensuring employees receive the wages they have rightfully earned. These employees deserve their well-earned paychecks," said Wage and Hour District Director Timolin Mitchell, in Detroit. "Employers can avoid wage violations by contacting the Wage and Hour Division for assistance to ensure they are in compliance with the Fair Labor Standards Act."

For more information about the FLSA and other laws enforced by WHD, 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 https://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by WHD.

PONTE VEDRA BEACH, FL – An investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) has determined that Palm Valley Outdoors LLC, a north Florida seafood restaurant, violated child labor provisions of the Fair Labor Standards Act (FLSA). WHD issued the restaurant $4,294 in civil money penalties.

WHD investigators found that Palm Valley Outdoors LLC violated the FLSA when it allowed six minor employees - ranging from 13-to-14 years old - to perform hosting and running duties for more than three hours on a school day, with some shifts ending later than 8 p.m. Employing a minor younger than 14 years old in a restaurant is illegal. The FLSA's child labor provisions allow 14- and 15-year-old employees to work outside of school hours in non-hazardous jobs for no more than three hours on a school day and 18 hours in a school week. The provisions also prohibit those employees from shifts that begin before 7 a.m. and end after 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m.

"The U.S. Department of Labor is committed to keeping young employees safe in the workplace," said Wage and Hour Division District Director Daniel White, in Jacksonville. "We encourage all employers to use the multiple tools we offer to learn about their legal responsibilities 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). Information is also available at https://www.dol.gov/whd.