After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) a Tarpon Springs-based roofing company will pay $75,710 in back wages to 144 employees for violating the overtime provisions of the Fair Labor Standards Act (FLSA). WHD investigators determined the employer failed to include production bonuses in their calculations when determining employees' overtime rates. By excluding these amounts and basing overtime only on the employees' hourly rates, the employer paid overtime at rates lower than those required by law. Investigators also found the employer incorrectly classified salaried office employees as exempt from overtime, and paid them flat salaries without regard to the number of hours they actually worked. By doing so, the employer violated FLSA requirements by failing to pay overtime when those employees worked more than 40 hours in a workweek. Additionally, the employer failed to keep time records for the non-exempt salaried employees.
Similarly, after another investigation by WHD, a Kissimmee-based hotel staffing agency will also pay $64,786 in back wages to 100 employees for violating the FLSA’s overtime and recordkeeping provisions. WHD investigators determined that the employer paid its employees straight-time for all the hours that they worked. By doing so, the employer failed to pay the workers time-and-one-half when they worked more than 40 hours in a workweek, resulting in overtime violations. The employer also failed to include certain bonuses in their calculations when determining employees’ overtime rates resulting in employees being paid overtime rates lower than those required by the FLSA.
WHD Directors stated that employers should familiarize themselves with their obligations to ensure that they are paying employees the wages that they have legally earned and affirmed that the U.S. Department of Labor remains committed to ensuring employees receive all the wages they have rightfully earned and encouraged employers to pay particular attention to overtime that is due once employees work more than 40 hours in a week.
Jennifer Hutchins is an attorney in the Firm’s Labor and Employment & Business Litigation Practice Groups. If you have any questions or concerns about this issue or any other matter, please contact Jennifer directly at 813-223-1099.