U.S. Department of Labor

12/06/2018 | Press release | Distributed by Public on 12/06/2018 10:30

Florida Contractor to Pay $102,767 in Back Wages For Wage Violations After U.S. Department of Labor Investigation

LEESBURG, FL - After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), White Aluminum & Windows LLC - based in Leesburg, Florida - will pay $102,767 in back wages to 41 employees for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators determined the employer paid overtime-eligible managers and staff flat salaries without regard to the number of hours that they worked. This practice resulted in overtime violations when the employer failed to pay overtime in addition to salaries to employees who worked more than 40 hours per week. White Aluminum & Windows LLC also failed to include earned commissions and bonuses in workers' pay rates when computing overtime pay and based overtime only on each employee's base rate - causing additional overtime violations. WHD also found recordkeeping violations resulting from the employer's failure to maintain accurate records of the hours employees worked.

'Paying employees on a salary basis does not necessarily exempt them from overtime pay when they work over 40 hours in one week,' said Wage and Hour Division District Director Daniel White, in Jacksonville. 'Employers must understand their obligations and responsibilities under the law. We encourage all employers to make use of the various tools we provide to help them understand 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). 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.