BOSTON. El Departamento de Trabajo de EE. UU. recuperó USD 518,446 en salarios atrasados para 54 trabajadores tras haber descubierto que un subcontratista de New Hampshire no pagó los salarios vigentes ni las tasas de beneficios a los trabajadores de la construcción en un proyecto financiado por el Estado federal en el Natick Soldier Systems Center en Natick.

La División de Horas y Salarios del departamento determinó que Ecostructive LLC, bajo el nombre comercial Ecostructive Pro Builders, infringió la Ley Davis-Bacon (DBA) al no haber cumplido con el pago de los salarios requeridos ni los beneficios a los trabajadores. La división también descubrió que el empleador, con sede en Nashua, había falsificado los registros certificados de nóminas y no había creado ni mantenido nóminas ni registros básicos precisos, no había pagado las horas extra correspondientes, como exige la Ley de Horas de Trabajo y Normas de Seguridad Ocupacional en Contratos (CWHSSA), y no había permitido a los empleados acumular una hora de licencia por enfermedad renumerada por cada 30 horas trabajadas en un contrato cubierto por el Estado federal como exige la Orden Ejecutiva 13706.

El acuerdo de solución de la división resuelve las infracciones a la DBA, la CWHSSA y la Orden Ejecutiva 13706 de Ecostructive Pro Builders. Dadas las infracciones del empleador a la Ley Davis-Bacon, el departamento lo inhabilitó para trabajar en cualquier contrato federal durante tres años. 

“Al obtener la inhabilitación de Ecostructive Pro Builders para participar en contratos federales durante tres años, el Departamento de Trabajo de EE. UU. ha adoptado una postura firme contra el incumplimiento por parte del empleador de su obligación de brindar a los empleados los salarios y beneficios vigentes, tal y como lo exigen las leyes”, declaró el director de distrito de la División de Horas y Salarios, Carlos Matos, en Boston. “La División de Horas y Salarios no tolerará a ningún contratista que falsifique los registros certificados de nóminas y los hará responsables de esto. El cumplimiento estricto de los requisitos de los salarios vigentes garantiza que las inversiones federales se traduzcan en la creación de buenos puestos de trabajo”.

Ecostructive Pro Builders es una constructora que se dedica, principalmente, a la instalación de paneles de yeso. El contratista principal de Natick, CTA Construction Manager LLC de Waltham, pagó los salarios atrasados mencionados en la resolución administrativa de este caso.

La División de Horas y Salarios ofrece numerosos recursos tanto para empleadores como para trabajadores, incluida información sobre la Ley Davis-Bacon y Leyes Relacionadas y la Orden Ejecutiva 13706, por la que se establece la licencia por enfermedad paga para los contratistas federales, la línea de ayuda gratuita de la agencia al 866-4US-WAGE (487-9243) y los seminarios web que se dictan a lo largo del año. Los trabajadores y empleadores pueden llamar a la división de manera confidencial si tienen preguntas, sin importar su estatus de inmigración, y la división puede hablar con las personas que llaman en más de 200 idiomas. Obtenga más información sobre la División de Horas y Salarios, incluida una herramienta de búsqueda que puede usar si cree que se le deben salarios atrasados cobrados por la división.

Descargue la aplicación de planilla de horas de la agencia para dispositivos iOS y Android, ahora disponible en inglés y español, para garantizar que las horas y el pago sean precisos.

Este comunicado de prensa también está disponible en inglés.     

BOSTON – The U.S. Department of Labor has recovered $518,446 in back wages for 54 workers after finding a New Hampshire subcontractor did not pay prevailing wage and fringe benefits to construction workers on a federally funded project at the Natick Soldier Systems Center in Natick.

The department’s Wage and Hour Division determined Ecostructive LLC, doing business as Ecostructive Pro Builders, violated the Davis-Bacon Act by failing to pay employees the required wage rate and benefits. The division also discovered the Nashua-based employer falsified certified payroll records and had not created and maintained accurate payroll and basic records, failed to pay proper overtime as the Contract Work Hours and Safety Standards Act requires and did not allow employees to accrue one hour of paid sick leave for every 30 hours worked on or in connection with a federally covered contract, as Executive Order 13706 requires.

The division’s settlement resolves Ecostructive Pro Builders’ DBA, CWHSSA and Executive Order 13706 violations. Given the employer’s Davis-Bacon Act infractions, the department has debarred the employer from working on any federal contract for three years. 

“By obtaining debarment of Ecostructive Pro Builders from federal contracts for three years, the U.S. Department of Labor has taken a strong stance against the employer’s failure to provide employees with the prevailing wages and benefits as the laws require,” said Wage and Hour Division District Director Carlos Matos in Boston. “The Wage and Hour Division will not tolerate any contractors who falsify certified payroll records and will hold them accountable. Strong enforcement of prevailing wage requirements ensures that federal investments result in the creation of good jobs.”

Ecostructive Pro Builders is a construction company engaged primarily in drywall installation. The Natick project’s prime contractor, CTA Construction Manager LLC of Waltham paid the back wages specified in this case’s administrative settlement.

The Wage and Hour Division offers numerous resources for employers and workers alike, including information about the Davis-Bacon and Related Acts and Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors, the agency’s toll-free helpline at 866-4US-WAGE (487-9243) and webinars that take place throughout the year. Workers and employers can call the division confidentially with questions, regardless of immigration status, and the division can speak with callers in more than 200 languages. Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division.

Download the agency’s free Timesheet App for Android and iOS devices, available in English and Spanish, to help track work hours and pay.

LIBERTYTOWN, MD – Individuals employed by a Libertytown plumbing subcontractor who worked on a Woodyard Station construction project may be eligible to receive their share of $156,495 in wages and fringe benefits recovered by a U.S. Department of Labor investigation.

The department’s Wage and Hour Division determined that Day C Soul Mechanical Inc. denied full pay and fringe benefits to 48 workers they employed from April 8, 2022, through September 2023 to work on the federally funded affordable housing project in Clinton. Investigators found Day C Soul Mechanical did not pay the prevailing wage rates and fringe benefits, in violation of the Davis-Bacon and Related Acts, and failed to maintain accurate payroll records, violating the DBRA and the Fair Labor Standards Act.

Air conditioning subcontractor Charles A. Klein & Sons Inc. of Sykesville, who hired Day C Soul, paid $124,022 in back wages and $32,473 in owed fringe benefits after the plumbing subcontractor refused to comply and pay the monies owed. In March 2024, the department debarred Day C Soul Mechanical and owner Oscar Jimenez-Medrano, forbidding them from bidding on federally funded construction projects for three years.

Day C Soul Mechanical employees who believe the company owes them money related to the period of this investigation should contact the division’s district office in Wilkes-Barre, Pennsylvania, at 570-826-6316.  

The U.S. Department of Housing and Urban Development provided funding to Prince George’s County, Maryland, for construction of Woodyard Station, a senior living housing project that opened in October 2023.

Day C Soul Mechanical Inc. provides commercial plumbing services in Maryland, Washington D.C. and Virginia. 

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Workers and employers can call the division confidentially with questions or concerns – regardless of where they are from – and the division can speak with callers in more than 200 languages. Help ensure hours worked and pay are accurate by downloading the department’s Android and iOS Timesheet App for free in English or Spanish. 

Este comunicado de prensa está disponible en Español.

IONIA, MI ‒ The U.S. Department of Labor has recovered a total of $110,000 in back wages and liquidated damages for six employees of an Ionia hotel, including two who worked there for more than 40 hours per week for nearly 10 months without pay. The couple thought they were working in exchange for free lodging at the hotel, but the hotel still charged them for their stay on some nights they worked.

An investigation by the U.S. Department of Labor’s Wage and Hour Division determined Ionia Hotel Business Inc., operating as American Inn and Suites, and its owner Manhal Kashat, did not pay four workers minimum wage or overtime and paid the couple nothing from March 2020 to December 2020. Following the investigation, department attorneys filed a complaint in the U.S. District Court for the Western District of Michigan in January 2023.

On April 3, 2024, Judge Paul L. Maloney signed a consent judgment submitted by the department, Ionia Hotel Business and Kashat. The consent judgment requires the company to pay the back wages and agreed to forgive workers’ hotel bill. The company has also agreed to future compliance with the Fair Labor Standards Act and to provide employees information on wage laws and their rights. 

“Complying with federal laws protecting workers’ wages and other rights is never negotiable,” explained Wage and Hour Division District Director Mary O’Rourke in Grand Rapids. “Workers must be paid at least minimum wage and compensated for overtime unless they meet very specific criteria. We encourage employers and workers with questions about workers’ rights to contact the Wage and Hour Division for guidance. Our assistance is available in many languages.”

“The Fair Labor Standards Act has specific requirements for employers seeking to take a credit for providing lodging to their employees,” added Regional Solicitor of Labor Christine Heri in Chicago. “This case demonstrates the department’s commitment to holding employers legally accountable when they fail to meet those requirements or ignore their other responsibilities required by law.”

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division and how to file an online complaint. For confidential compliance assistance, employees and employers can call the agency’s toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from.

Download the agency’s new Timesheet App for iOS and Android devices in English or Spanish to ensure hours and pay are accurate.

SEATTLE – A federal court has ordered a producer of Christmas wreaths and seasonal greens for major retailers — including Costco, Publix, Target, Trader Joe’s, Walmart and Wegmans — to pay $1.85 million in back wages and damages to nearly 700 workers after the U.S. Department of Labor found the employer failed to pay required overtime wages and violated migrant and seasonal workers’ rights.

The department’s Wage and Hour Division determined that Continental Floral Greens denied hundreds of workers their required overtime pay for hours over 40 in a workweek, a violation of the Fair Labor Standards Act. Division investigators also found the Shelton company submitted, under penalty of perjury, fraudulent information on job orders about wages, housing and transportation to bring workers to the U.S., a violation of the H-2B worker program. Continental Floral Greens employs temporary workers from El Salvador, Guatemala and Mexico.

The federal H-2B program permits businesses to employ temporary visa workers and provides protections for similarly employed U.S. workers. 

The division’s investigation also identified violations of the Migrant and Seasonal Agricultural Worker Protection Act related to wages, housing, transportation, disclosures and recordkeeping. Specifically, Continental Floral Greens failed to inform workers of employment conditions, furnish complete wage statements, pay wages when due, ensure safe and healthy housing, or provide temporary workers with safe transportation. 

The investigation was opened after a van transporting 14 migrant workers crashed in November 2022 in Cowlitz County, and four Salvadoran workers suffered serious injuries and were taken to a Longview hospital. Investigators determined the Continental Floral Greens’ employee driving the van lacked required certification to operate the vehicle. After the accident, the Washington State Patrol charged the driver for negligent driving. Investigators also discovered that several workers were not wearing seatbelts at the time of the accident.

On March 26, 2024, the U.S. District Court for the Western District of Washington in Tacoma entered a consent judgment and order requiring the employer to pay $888,000 in back wages and $888,000 in liquidated damages to hundreds of vulnerable workers due to the FLSA violations. The court also ordered the Continental Floral Greens to pay workers $74,000 in additional back wages to the workers due to MSPA violations, and $40,000 in penalties to the department.  

“The Wage and Hour Division is committed to holding employers accountable so that vulnerable workers come home safe and properly compensated at the end of every day,” explained Wage and Hour Division District Director Thomas Silva in Seattle. “We will continue using every tool at our disposal to ensure U.S. workers and H-2B workers receive the highest protections to which they are entitled, including rights to overtime pay.” 

“Federal law requires employers hiring workers from outside the U.S. on temporary non-agricultural visas to ensure safe working conditions and pay the legal prevailing wage, including overtime. Employers must also accurately represent the terms and conditions of those jobs so that U.S. workers have a full and fair opportunity to work those jobs. Continental Floral failed on all counts,” added Regional Solicitor of Labor Marc Pilotin in San Francisco. 

Continental Floral Greens operates eight farms, production and distribution facilities, and sales and management offices in California, Florida, North Carolina, Oregon and Washington. The company ships products to major retailers nationwide and internationally.

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Employers and workers can call division staff confidentially with questions, regardless of where they are from, and the division can speak with callers in more than 200 languages through the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Download the agency’s new, free Timesheet App for Android and iOS devices, available in English and Spanish, to help track work hours and pay.

Julie A. Su, Acting Secretary of Labor, U.S. Department of Labor vs Continental Floral LLC et al.

Case No. 3:24-cv-05220

OKLAHOMA CITY – While mortuary workers are called on to provide after-life care for the deceased and compassion for the bereaved, a federal investigation has found the operators of an Oklahoma City mortuary were less than caring when it came to paying dozens of workers overtime wages they rightfully earned.

A U.S. Department of Labor Wage and Hour Division investigation has recovered $231,390 in back wages and an equal amount in damages for 66 employees of Stillwell Limited Inc. — operator of Alpha & Omega Mortuary Service and Crematory — after learning the employer paid them straight-time rates for all hours worked, instead of paying time-and-one-half their regular rate-of-pay for hours over 40 in a workweek. A review of company records showed many of the affected workers earned low wages and often worked more than 50 hours per week.

The division determined the employer paid employees on a semi-monthly basis and failed to keep accurate records, as required by federal law.

“By denying their employees all of their hard-earned wages, Alpha and Omega Mortuary Service and Crematory violated the law and harmed the people on whom the company depends to work long hours to provide an important service to the community in return for low wages,” said Wage and Hour Division District Director Michael Speer in Oklahoma City. “We are committed to protecting workers and providing clear and confidential compliance assistance to any employee or employer with questions.”

Based in Oklahoma City, Alpha & Omega Mortuary Service and Crematory was incorporated in 2011.

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Workers and employers can contact the division confidentially at its toll-free number, 1-866-4-US-WAGE (487-9243). The division protects workers regardless of immigration status and can communicate with workers in more than 200 languages.

Download the agency’s new Timesheet App, which is available in English and Spanish for Android and Apple devices, to ensure hours and pay are accurate.

DEDEDO, Guam – The U.S. Department of Labor encourages construction industry employers in Guam to participate in a survey to help establish accurate prevailing wage rates and reduce the need for contractors to seek additional labor classifications.

 Administered by the department’s Wage and Hour Division, the survey seeks information about wages and fringe benefits paid to construction workers on residential, building, heavy and highway construction projects in Guam between May 1, 2023, and April 30, 2024. This survey is not limited to federally funded construction projects and its completion is required by the Davis-Bacon and Related Acts.

The data collection period begins May 1, 2024, and ends on Aug. 1, 2024. 

Federal law directs the department to set the prevailing wage rates that reflect the actual wages and fringe benefits paid to construction workers where the work takes place. The department depends on participation by contractors and other interested parties to ensure prevailing wages and wage determinations are as accurate as possible and that employers are supplied with the best possible guidance. 

The division encourages employers to complete the survey online. It will send notification letters to interested parties and contractors of which the agency knows. Contractors and other interested parties may participate even if they have not received a survey participation letter.

If you have questions about the survey process and forms, please contact the Davis-Bacon Survey Center at 866-236-2773 or Davisbaconinfo@dol.gov. 

People interested in getting more information about this survey can also register to attend one of two free, online briefings held on May 7 and May 9, that will describe the survey process and offer instructions for completing the survey. Learn more about the surveys.

Employer:                             Krafty Draft Brew Pub LLC

                                                269 Charter Oak Road 

                                                Lexington, SC 29072

Investigation findings: U.S. Department of Labor Wage and Hour Division investigators found the Lexington pub and restaurant distributed earned tips with traditionally non-tipped employees, such as dishwashers and cooks and, by doing so, operated an invalid tip pool. The division learned that the employer used earned tips to cover most of the servers’ gross pay and failed to pay a cash wage of at least $2.13 per hour directly to tipped employees as required. These actions violated the Fair Labor Standards Act, as did the employer’s failure to keep accurate record of tips earned and hours worked by employees. 

Back wages recovered:         $125,819 in back wages for 23 workers

Quote: “Pay practices a business chooses to use must meet legal requirements. In this case, we found that — while allowing some employees to take home more than federal minimum wage — Krafty Draft Brew Pub ignored its obligation to pay their share of its workers’ income and passed that responsibility to its customers,” explained Wage and Hour Division District Director Jamie Benefiel in Columbia, South Carolina. “Employers unsure of their legal obligations should contact their local Wage and Hour Division office for assistance. That’s the best way to ensure that they pay employees all of their rightful wages.”

Background: Employers can contact the Wage and Hour Division at its toll-free number, 1-866-4-US-WAGE. Learn more about the Wage and Hour Division, including its search tool to learn if you are owed back wages collected by the division. Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android and iPhone Timesheet App available for free in English or Spanish. 

Employer:   Chili Thai Inc. in Puyallup

TNBMEELAP Inc. in Silverdale

Meelapwa Inc. in Tacoma 

TSA Meelap Inc. in Tacoma

Meelap Inc. in University Place

Investigation findings: A U.S. Department of Labor Wage and Hour Division investigation found five Washington restaurants operated as Chili Thai — under unified operations and common control — did not pay overtime rates for hours over 40 in a workweek in violation of the Fair Labor Standards Act. The employer paid on a semi-monthly basis and most employees received overtime for hours worked over 88 hours in each pay period instead of after 40 hours, as the law requires. The employer took action to ensure future compliance, changed to bi-weekly pay periods and started to pay overtime for hours beyond 40 per week.

Back Wages Recovered:  $64,183 in overtime wages for 51 employees

                                                  $64,183 in liquidated damages for 51 employees

                                                  $9,163 in civil money penalties for the reckless nature of the violations

Quote: “Chili Thai violated federal overtime regulations by underpaying employees working long hours to provide for themselves and their families,” said Wage and Hour Division District Director Thomas Silva in Seattle. “We urge employers to review their practices and avoid costly consequences for violating the law.”

Context: Workers can use the division’s Workers Owed Wages search tool to see if they are owed back wages collected by the division. Employers and workers can contact the Wage and Hour Division for help and assistance at its toll-free number, 1-866-4-US-WAGE. Learn more about the Wage and Hour Division, including the agency’s restaurants compliance assistance toolkit and an overview about the FLSA protections for restaurant workers. Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android and IOS Timesheet App for free in English or Spanish.  

Employer:                       Williams Plumbing & Associates Inc.

                                                243 Battleground Road

                                                Cowpens, SC 29330

Investigation findings: U.S. Department of Labor Wage and Hour Division investigators found the Cowpens plumbing company paid employees a time-and-a-half rate for only the first five hours over 40 in a workweek. After that, the employer reverted to paying employees their regular rate of pay for all hours after 45, a violation of the Fair Labor Standards Act. The employer also violated the FLSA by deducting $.25 per minute for every minute employees arrived late for work and failed to keep accurate records of the hours worked and driving time for employees. 

Back wages and liquidated damages recovered: $25,364 in back wages and liquidated damages for 17 workers.                       

Quote: “Workers’ wages are protected by law. Employers must ensure that their workers are paid the wages they earned in accordance with the law. They cannot defy their legal requirements by incorporating random, internal rules that penalize workers,” explained Wage and Hour Division District Director Jamie Benefiel in Columbia, South Carolina. “We encourage employers to contact us for guidance on how to comply with laws related to their employment practices and to use our comprehensive online educational resources to prevent violations similar to those found in this case.

Background: Employers can contact the Wage and Hour Division at its toll-free number, 1-866-4-US-WAGE. Learn more about the Wage and Hour Division, including its search tool to learn if you are owed back wages collected by the division. Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android and iPhone Timesheet App available for free in English or Spanish.