“Avila employees worked long hours during the firm’s busy season, and did not receive time-and-a-half when they worked beyond 40 hours in a workweek. This investigation puts money back into the hands of these workers denied their rightfully earned wages,” said Nora Pedraza, Wage and Hour Division assistant district director in Fresno. “This practice not only hurts workers and their families, but it gives violating companies an unfair competitive advantage over others in the industry who play by the rules.”
The owners of Avila’s signed an enhanced settlement agreement with the Wage and Hour Division, agreeing to install time clocks in each location. They also agreed that they will prepare a statement of hours worked for each employee for each day, week and pay period, and give the employees an opportunity to make any corrections. Each work hours summary will contain a statement in English and Spanish advising employees of their rights under the Fair Labor Standards Act and will include contact information for the department. Avila’s will also pay penalties to the federal government.
The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 per hour, as well as one and one-half times their regular rates for every hour they work beyond 40 per week. The law also requires employers to maintain accurate records of employees’ wages, hours and other conditions of employment.
The FLSA provides that employers who violate the law are generally liable to employees for their back wages and an equal amount in liquidated damages, which are paid directly to the affected employees.
Source: DOL
This information is intended to be
educational and should not be considered legal advice on any specific matter.
