An investigation of End 2 End Communications by the U.S. Department of Labor's Wage and Hour Division found the Gilbert-based company paid field technicians on a per-task basis for all installations without regard to the number of hours they worked. For example, a technician performing enough tasks to earn $500 was paid that amount — whether it took 30 or 50 hours. As a result, the employer failed to pay legally required overtime at time and one-half for each hour worked beyond 40 in a workweek, in violation of the Fair Labor Standards Act.
"Commonly, cable installation industry employers do not pay overtime to employees who work long hours in the field," said Eric Murray, director of the division's Phoenix District Office. "Employees paid on a piece-work basis are still entitled to overtime for hours worked beyond 40 per week. Those employers who don't pay workers correctly should take note of this case."
End 2 End Communications, which does business as End 2 End Technologies, signed a consent judgment and agreed to ensure future compliance with federal labor law and pay the back wages. The company is a subcontractor for Cox Communications, the nation's third largest cable and broadband company.
As part of its agreement, End 2 End has notified current and former employees of the case's resolution and redesigned the company's payroll system to ensure that all overtime-eligible employees receive pay stubs that properly record the wages paid for overtime hours worked. The employer also provided companywide training on the updated payroll system and on workers' rights under the FLSA and included a reference to the Wage and Hour Division in employee handbooks.
Source: DOL
This information is intended to be
educational and should not be considered legal advice on any specific matter.
