Nombre de empleador:              Whataburger Restaurant LLC                                        

Sitio de investigación:                7201 Quaker Ave.

                                                                Lubbock, TX 79424        

Resultados de la investigación: La División de Horas y Salarios del Departamento de Trabajo de EE.UU. encontró que una sucursal de Whataburger Restaurant LLC no proporcionó un tiempo de descanso razonable para que una empleada se extrajera leche materna, como lo requiere la Ley de Normas Justas de Trabajo (FLSA, por sus siglas en inglés). Los investigadores también determinaron que el empleador despidió a la trabajadora después de que esta saliera de las instalaciones para poderse extraerse leche. Para resolver las violaciones encontradas, el franquiciador con sede en San Antonio firmó un estricto acuerdo de cumplimiento que establece que proporcionará capacitación sobre la FLSA a todos los gerentes.

Salarios recuperados:              $900 en salarios atrasados y $900 en compensación por daños.

Cita: “Es ilegal privar a una madre lactante de su derecho a extraerse leche materna con suficiente tiempo de descanso para hacerlo y luego despedirla”, dijo la directora distrital de Horas y Salarios, Evelyn Ortiz, en Albuquerque, Nuevo México. “Los empleadores deben cumplir con todas las disposiciones de la FLSA, incluido el derecho de las madres lactantes a solicitar el tiempo y espacio que necesitan para extraerse la leche sin temor a represalias”.

En virtud de la Ley PUMP para Madres Lactantes, la mayoría de las empleadas que son madres lactantes tienen derecho a un tiempo de descanso razonable y a un lugar, que no sea un baño, protegido de la vista para expresar la leche materna mientras están en el trabajo. Este derecho está disponible hasta un año después del nacimiento del niño.

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Employer name:                    Whataburger Restaurant LLC                                        

Investigation site:                 7201 Quaker Ave.

                                                Lubbock, TX 79424                                      

Investigation findings: The U.S. Department of Labor’s Wage and Hour Division found a corporate-owned location of Whataburger Restaurant LLC failed to provide reasonable break time for an employee to express breast milk as required by the Fair Labor Standards Act. Investigators also determined that, when the employee left the premises to express milk, the employer terminated the employee. To resolve the violations, the San Antonio-based franchisor signed an Enhanced Compliance Agreement stating it will provide FLSA training to all managers in the future.

Back wages recovered:         $900 in back wages and $900 in liquidated damages.                                                                                   

Quote: “Depriving a nursing mother of her right to express breast milk with enough break time to do it, and then firing her is against the law,” said Wage and Hour District Director Evelyn Ortiz in Albuquerque, New Mexico. “Employers must comply with all of the FLSA provisions, including the right of nursing mothers to request the time and space they need to express milk without fear of retaliation.”

Under the PUMP for Nursing Mothers Act, most nursing employees have the right to reasonable break time and a place, other than a bathroom, that is shielded from view to express breast milk while at work. This right is available for up to one year after the child’s birth. 

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WASHINGTON – As the nation marks Older Americans Month, the U.S. Department of Labor welcomed U.S. Representatives Debbie Dingell, Lois Frankel, Gwen Moore and Jan Schakowsky for a roundtable discussion on older women in today’s workforce and the findings of two reports by the department’s Women’s Bureau on the unique challenges they face.

Moderated by the bureau’s Director Wendy Chun-Hoon, the panel shared findings in the reports, “The Rise of Older Women Workers” and “Living on Less: Persistent Gender Disparities in Income Levels, Sources for Older Adults.”

The bureau’s Acting Deputy Director Tiffany Boiman; Justice in Aging’s Directing Attorney for Economic Security Tracey Gronniger; Christina Bradshaw-Smith, a member of the American Federation of Teachers; and Antonia Surco, a member of the National Domestic Workers Alliance also participated in the roundtable.

The “Rise of Older Women Workers” reports that while women aged 55 and older make up 10.8 percent of the U.S. labor force – nearly double their 5.8 percent share of the workforce in 1980 – their incomes continue to be lower and they are more likely to live in poverty than men of the same age.

“The inequalities that women experience throughout their working lives – things like unequal pay, the lack of affordable childcare, or gender and racial discrimination and harassment – accumulate and grow over time,” explained Women’s Bureau Director Wendy Chun-Hoon. “While some workers may choose to keep working, too many older women simply cannot afford to retire due to a lifetime of low wages, family caregiving responsibilities and systemic inequalities.”

The reports show that, on average, older women’s personal incomes are only 63 percent of men’s, for those aged 65 and older. Long-term solutions require addressing a lifetime of gender-based inequities: eliminating pay disparities, increasing access to worker protections, creating pathways to better paying careers and improving job quality where women are the most likely to work today.

“Older women workers are an important and growing part of our workforce, yet they consistently earn less due to an intersection of multiple factors, including ageism and sexism. The Democratic Women’s Caucus looks forward to working with the Biden administration and other partners to address the disparities and challenges older women face so they can age independently and with financial stability,” said Rep. Lois Frankel.

“These reports make it plainly clear that we must do more to support older women in the workforce and make equity-centered policy interventions to tackle gender disparities. I am so pleased to convene at this roundtable to highlight important insights from these reports,” said Rep. Gwen Moore.

“Older women are an important and growing segment of the U.S. labor force, but they have lower incomes and are more likely to live in poverty than older men. All seniors deserve to age and live independently and with dignity. As a co-chair of the Task Force on Aging and Families, and someone who spends a lot of time working on how we improve quality of life and resources for aging Americans, this issue hits home for me. We must continue to work to understand and address the discrepancies and challenges faced by older women in the workforce,” said Rep. Jan Schakowsky.

Bradshaw-Smith, a high school physical education teacher with more than 30 years in the classroom, shared her experiences, as did Surco, an older domestic worker. Throughout the discussion, participants emphasized the need for stronger worker protections and policies to support working women today to avoid hardship for women as they age in the workforce and into retirement.

Review “The Rise of Older Women Workers” report.

Learn more about the “Living on Less” report.

SUMMERVILLE, OR – A federal contractor in Oregon misclassified dozens of workers – who battled some of the nation’s worst wildfires an average of 70 hours a week in 2020 and 2021 – as independent contractors and denied them their full wages and benefits as a result, the U.S. Department of Labor has found.

Investigators with the department’s Wage and Hour Division determined KL Farms/Fire LLC of Summerville paid a flat daily rate of between $200 and $250 to 57 firefighters and truck drivers, regardless of their total hours worked. From June 2019 through October 2021, the U.S. Forest Service contracted the company to provide fire engines, firefighters, trucks and driver services for fire suppression and firefighting in Arizona, California, Oregon and Washington.

In 2020, the wage standard for firefighters – established by provisions of the McNamara-O’Hara Service Contract and Contract Work Hours and Safety Standards acts – was set at a minimum of $9.38 an hour plus an additional $4.22 in fringe benefits, and the minimum for truck drivers was $18.20 an hour and an additional $4.22 in fringe benefits. The acts’ provisions establish wage rates and benefits for work funded by federal contracts.

By paying a flat daily rate, KL Farms/Fire LLC also incurred overtime violations of the Fair Labor Standards Act. Investigators also identified violations of the FLSA’s recordkeeping requirements.

As a result of its investigation, the division recovered $152,003 in overtime wages and fringe benefits, as well as an additional $12,577 in liquidated damages for the affected workers. Back wages recovered ranged from $101 to $14,783 per worker. In addition, the company paid $16,981 in civil money penalties assessed by the department for the employer’s violations.

“Fighting wildfires demands people work long hours and face real dangers as they try to save other people, homes, businesses and natural resources,” said Wage and Hour Division District Director Carrie Aguilar in Portland, Oregon. “The workers accepted these risks and deserve to be paid every dollar and fringe benefit they’ve earned, especially under very specific requirements that KL Farms/Fire agreed to meet.”

The division’s investigation of the company also determined the employer violated the Migrant and Seasonal Agricultural Worker Protection Act by failing to pay workers’ wages when due, provide wage statements and register as a farm labor contractor. KL Farms/Fire employees working as firefighters and engine bosses are covered by the MSPA as their duties constitute predominantly manual forestry work, and many of the employees travel from other parts of the U.S. to fight these fires.

“Our investigators are seeing a significant number of companies paying daily, instead of hourly, rates as hundreds of firefighters are hired to fight unpredictable wildfires for days and sometimes months,” Aguilar explained. “No employer – especially a federal contractor – should mistake the urgent need or uncertain length of employment as a reason to misclassify employees as independent contractors, and deny them full wages, benefits and other worker protections.”

For more information about federal contractor wage laws and other laws enforced by the Wage and Hour Division, contact the division’s toll-free helpline confidentially at 866-4US-WAGE (487-9243).

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 new Timesheet App for Android and Apple devices, now available in English and Spanish, to ensure hours and pay are accurate.

SAN DIEGO – A federal investigation of a San Diego environmental remediation and demolition contractor’s pay practices has recovered $363,444 in back wages and liquidated damages for 125 employees denied their rightful overtime and minimum wages.

The U.S. Department of Labor’s Wage and Hour Division found Watkins Environmental Inc. did not pay hourly employees for pre-work time spent preparing for jobs and attending required training, which led to minimum wage and overtime violations. Investigators also determined the employer’s employee records were not accurate and complete, as required by the Fair Labor Standards Act.

Specifically, the division recouped $181,722 in back wages and an equal amount in liquidated damages for the affected employees. Watkins Environmental also paid the department $28,462 in civil money penalties for its reckless disregard of FLSA requirements.

“The violations found in this investigation are all-too-common in the construction industry, and the U.S. Department of Labor will hold employers accountable for not paying employees their legally earned wages,” explained Wage and Hour Division District Director Min Park-Chung in San Diego. “Employers who withhold workers’ wages make it harder for their employees to make ends meet. At the same time, these employers gain an unfair advantage over industry competitors who abide by the law.”

Incorporated in California in 2011, Watkins Environmental Inc. provides commercial and residential asbestos, paint and lead removal, mold remediation, and demolition services in San Diego and the surrounding areas.

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 the division confidentially with questions, regardless of where they are from. The department can speak with callers confidentially in more than 200 languages through the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Download the agency’s new Timesheet App for iOS and Android devices – free and now available in Spanish – to ensure hours and pay are accurate.

HONOLULU – The U.S. Department of Labor has recovered $91,097 in unpaid wages and liquidated damages for workers employed by a Kapolei restaurant that allowed its managers to pocket some of the tips earned by its servers, cooks and kitchen helpers.

The department’s Wage and Hour Division found Lance Yamamoto, owner of Sushi Bay, deprived workers of their full amount of tips they earned for serving the restaurant’s customers, a violation of the Fair Labor Standards Act.

A restaurant employer cannot keep tips received by its employees for any purposes, including allowing managers and supervisors to keep any portion of those tips.

“Tips earned for service are the property of the people who earned them,” said Wage and Hour Division District Director Terence Trotter in Honolulu. “Employers who withhold or allow managers to pocket tips that rightfully belong to those who received them for their hard work are breaking the law and will be held accountable.”  

In addition to recovering $45,549 in wages and an equal amount in damages, the division assessed Sushi Bay $3,842 in civil money penalties.

In 2017, the division found Sushi Bay in violation of federal law for its failure to pay employees overtime and recovered $22,146 in that investigation. The restaurant, which serves sushi using a conveyor belt, opened in 2013.

In fiscal year 2022, the Wage and Hour Division recovered more than $27 million for more than 22,000 workers in the food service industry. In 2022, the Bureau of Labor Statistics reported near record numbers of job openings and workers in the accommodations and food services industry quitting their jobs. 

The Wage and Hour Division also protects workers against retaliation and has regulations that prohibit retaliation, harassment, intimidation or adverse actions against employees that assert their worker rights. 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. Workers and employers with questions can contact the division’s toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from.

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

Employer:        10-Code, LLC

                          201 Slate Drive Suite #6

                          Bismarck, ND

Investigation findings: U.S. Department of Labor Wage and Hour Division investigators recovered $186,167 in back wages for 52 workers at 10-Code LLC, a security services provider. Investigators determined the employer violated the Fair Labor Standards Act overtime provisions by paying salary for all hours worked and straight time for overtime.

Back Wages Recovered: $186,167 in back wages for 52 workers                                               

Quote: “Business operators cannot casually decide to pay workers as salaried without examining whether or not they meet the salary exemption requirements,” explained Wage and Hour Division District Director Chad Frasier in Denver. “By doing so, 10-Code LLC clearly violated federal laws by denying workers all their hard-earned pay. Violations can be costly, and employers are encouraged to reach out to Wage and Hour if they have any questions.  

Background: 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 – also available in Spanish –to ensure hours and pay are accurate.

SAN JOSE, CA – A federal investigation has recovered $211,064 in back wages and liquidated damages for 16 people employed by the owners and operators of three Bay Area assisted living facilities that deliberately failed to pay the required overtime rate when employees worked over 40 hours a week serving the needs of older adults in Santa Clara and San Jose.

Investigators from the U.S. Department of Labor’s Wage and Hour Division found Pruneridge Enterprise Inc. and its owners, Leilani F. Cortes and Geoffrey L. Cortes, did not pay overtime to the affected workers at three locations the employers operate as Pruneridge Residential Care Home in Santa Clara at 3030 Pruneridge Ave. and 312 Nowell Drive, and in San Jose at 2575 Forest Ave. On average, the affected workers at these facilities worked as many as 50 hours per week.

The division also learned the employers paid six caregivers below minimum wage and did not keep accurate payroll records. These actions violated the overtime, minimum wage and recordkeeping provisions of the Fair Labor Standards Act.

In addition to the recovery of $105,532 in unpaid wages — and an equal amount in liquidated damages — the division assessed Pruneridge Enterprise Inc. and its owners with $12,336 in civil money penalties for the repeated and willful nature of the employers’ violations. In 2011, three investigations found similar wage violations at facilities operated by the employers.

“Care industry workers are among our nation’s lowest paid workers, and our investigations too often find unscrupulous employers taking advantage of them and depriving them of their hard-earned wages,” said Wage and Hour Division District Director Susana Blanco in San Jose, California. “The U.S. Department of Labor is determined to protect workers’ rights to be paid all of their legally earned wages and will hold accountable those who mistakenly think they can violate these rights.”

In fiscal year 2022, the division recovered $14.9 million in back wages for more than 22,000 healthcare industry workers nationwide. As the U.S. population ages and demand for healthcare services increases, employment in a variety of healthcare sectors is projected to grow 13 percent from 2021 to 2031 – faster than the average for all occupations – adding about 2 million new jobs. 

The division enforces the law regardless of a worker’s immigration status and can speak confidentially with callers in more than 200 languages. For more information about the FLSA and other laws enforced by the division, contact its toll-free helpline at 866-4US-WAGE (487-9243). 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 new Timesheet App, now available in English and Spanish for Android and iOS devices, to ensure hours and pay are accurate.

HONOLULU – U.S. Department of Labor investigators have found that a Lihue cleaning service failed to pay employees overtime wages when required and did not pay employees for time spent traveling between job sites, which has led to the recovery of $96,936 in unpaid wages and damages for 10 workers.

The department’s Wage and Hour Division determined All Kauai Cleaning Inc.’s owner Robert Bartolo denied some employees overtime pay for hours over 40 in a workweek, and failed to track employees’ travel time and to include that time when calculating wages owed. These actions, and the employer’s failure to keep complete and accurate payroll records, are all violations of the Fair Labor Standards Act.

“Federal law protects the rights of every worker to get paid all of their legally earned wages which, in this case, means the required overtime rate and payment for time traveling between work locations,” explained Wage and Hour Division District Director Terence Trotter in Honolulu. “Our investigators determined that All Kauai Cleaning repeatedly violated its workers’ rights, and the U.S. Department of Labor has held the company accountable.”

In addition to recovering wages and damages, the division assessed All Kauai Cleaning $1,540 in civil money penalties for its repeated violations. In a 2014 investigation, the division discovered the employer failed to pay overtime when required and recovered $33,612 in unpaid wages and damages for affected workers.

Established in 1988, All Kauai Cleaning Inc. provides interior and exterior cleaning services for residential and commercial customers on the island.

The Wage and Hour Division protects workers against retaliation and has regulations that prohibit retaliation, harassment, intimidation or adverse actions against employees that assert their worker rights. 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. Workers and employers with questions can contact the division’s toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from.

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

WASHINGTON – U.S. Department of Labor and elected federal officials held a media briefing today to discuss the release of a report by the department’s Women’s Bureau on how caring for family has long-term impacts on a mother’s lifetime earnings.

Women’s Bureau Director Wendy Chun-Hoon and U.S. Representatives Gwen Moore, Susan Wild and Shontel Brown shared findings from the “Lifetime Employment-Related Costs to Women of Providing Family Care” report. Women’s Bureau Senior Advisor Sarah Jane Glynn also took part in the briefing.

The report finds the amount of time women spend providing essential care to children and adults has a substantial personal economic cost that continues long after the caregiving ends. The estimated employment-related costs for mothers providing unpaid care averages $295,000 over a lifetime, based on the 2021 U.S. dollar value, adjusted for inflation. Unpaid family caregiving reduces a mother’s lifetime earnings by 15 percent, which also creates a reduction in retirement income.

“Families often think first of immediate demands out of necessity. Children, aging loved ones and people with disabilities need care right now, and when that care is needed during working hours – or is too expensive or inaccessible — it is the mothers who usually scale back on paid work to provide care,” explained Women’s Bureau Director Wendy Chun-Hoon. “This report shows that lacking the necessary care infrastructure and safety net affects more than those immediate moments. They continue throughout a woman’s life.”

“Unpaid caregiving is work and should be recognized as such. This report is another reminder of the long-term cost women incur by providing unpaid care, and it cannot go ignored,” said Congresswoman Gwen Moore. “I am working to ensure our federal policies support those providing unpaid care to loved ones, uplifting women and their families, so we can build an equitable, modern economy.”

“Women spend invaluable time providing compassionate, dedicated care for their children and family members – and their reduced lifetime earnings because of it illustrate just how important solving the childcare crisis is,” said Congresswoman Susan Wild. “Lack of accessible, affordable childcare in Pennsylvania impacts our economy to the tune of more than $6 billion per year, harming working moms’ and working families’ ability to earn more and get ahead. I’m proud to be leading the ‘Child Care for Working Families Act’ to expand care options for all moms and families and unlock our full economic potential.” 

“This report is a call to action. All families should have access to affordable childcare if we want to have an inclusive economy,” said Congresswoman Shontel Brown. “Families across the nation and from all demographics are struggling with high childcare costs. This financial burden is especially high in historically marginalized communities, including Black mothers, as they are the least likely to scale back employment after having children due to challenging economic conditions. A lack of affordable care puts so much pressure on families, Black women deserve the ability to build wealth and build a family. Our children, mothers and families in Northeast Ohio deserve better.”

Although its findings relies on sophisticated modeling to focus on the costs associated with caregiving activities for mothers, the report – prepared for the Women’s Bureau by the Urban Institute – acknowledges that the costs are likely conservative estimates that do not include the total economic costs borne by all caregivers.

Review the “Lifetime Employment-Related Costs to Women of Providing Family Care.”