Showing posts with label DBRA. Show all posts
Showing posts with label DBRA. Show all posts

Thursday, July 16, 2015

DOL finds federal contractor misclassified workers as independent contractors

Employees due more than $135K in back wages
 
Employer name: Pegasso Construction & Floor Covering LLC

Investigation site: Office at 1746 Hazel Wood Drive, Marietta, Ga., 30067 and various jobsites including Ft. Gordon army base in Augusta, Ga.

Investigation findings: Investigators from the department's Wage and Hour Division found that Pegasso misclassified all of its workers as independent contractors. This unlawful practice resulted in violations of the Fair Labor Standards Act, the Davis-Bacon and Related Acts and the Contract Work Hours and Safety Standards Act. The employer paid many of these workers on a weekly salary basis without regard for the number of hours worked. In some cases this salary, when divided by the number of hours worked, was not sufficient to meet the current federal minimum wage of $7.25 per hour. The contractor also failed to pay legally required overtime when these employees worked beyond forty hours in a workweek. As a result of these violations of the minimum wage and overtime provisions of the FLSA, Pegasso owes 151 employees back wages of $135,819. The firm also violated the DBRA and CWHSSA, which apply to the federally financed work done at Fort Gordon, by not accurately completing the required certified payrolls and by failing to pay overtime to one worker.

Resolution: Pegasso has agreed to future compliance with DBRA, CWHSSA and the FLSA and to pay the back wages. The employer has also put all workers on his payroll and will properly classify them as employees.

Quote: "Misclassification of employees as independent contractors cheats workers of wages and benefits to which they would otherwise be entitled to under the law, subsequently hurting our economy. It also leads to unfair competition because businesses that play by the rules operate at a disadvantage to those that don't. We will continue to work to ensure that workers receive the wages they have rightfully earned."
— Eric Williams, Wage and Hour Division Atlanta District Office Director

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Monday, April 6, 2015

Lighting Services Inc. excluded from federal contracts for 3 years

Honolulu electrical contractor owes workers more than $1.2M in back wages,
submits false records and attempts to obstruct investigators
 
 
A federal electrical contractor, Lighting Services Inc. will pay 38 electricians/technicians more than $1.2 million in back wages after U.S. Department of Labor's Wage and Hour Division investigators determined the company did not pay required prevailing wages to workers at Marine Corps Base Hawaii in Kaneohe Bay. The division also found the employer submitted falsified payrolls and told workers to provide false information to investigators.

Lighting Services Inc. violated the Davis-Bacon and Related Acts and the Contract Work Hours and Safety Standards Act and, as a result, the company and owner Scott Wilks are excluded from obtaining federal contracts for three years.

"Businesses that benefit from federal dollars have a responsibility to play by the rules, and that includes paying employees legally required wages," said U.S. Secretary of Labor Thomas E. Perez. "Having a federal contract is a privilege, not a right. And we will remain steadfast in our enforcement of laws that level the playing field for those employers who are doing the right thing."

Investigators found that Lighting Services and Wilks committed multiple egregious violations, including:
  • Instructing employees to misrepresent to investigators the type of work that they did
  • Requiring employees to falsify time records
  • Failing to list numerous workers on certified payroll records
  • Paying rates more than $20/hour below required wage rates
The department's regional solicitor in San Francisco brought charges against the contractor, seeking payment of back wages and debarment from federal contracts. The department resolved the charges and obtained appropriate remedies through consent findings approved by an administrative law judge last month.

"An employer cannot reduce its labor costs by underpaying workers the required wage standards in a federally funded construction contract," said Terence Trotter, the division's district director in Hawaii.

"Just as standards of quality must be met on completed electrical work, employers must also adhere to federal standards that safeguard the electricians' pay and working conditions."

The DBRA requires that all contractors and subcontractors performing work on federal and certain federally funded construction projects pay their laborers and mechanics at least the prevailing wage rates associated with their occupations, as determined by the secretary of labor. The CWHSSA, which applies to federal service contracts and federally funded and assisted construction contracts exceeding $100,000, requires workers to be paid one and one-half times their basic rate of pay for all hours worked over 40 in a workweek.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.


 

Thursday, March 5, 2015

Drywall contractor owes ‘tapers’ more than $98K in back wages

PR Drywall of Hillsboro, Oregon, underpays 7 workers in wages and overtime

Seven “tapers” working for PR Drywall LLC of Hillsboro will receive more than $98,000 in back wages after a U.S. Department of Labor investigation found their employer failed to pay prevailing wages and overtime payments as they worked constructing the Tualatin Marquis Assisted Living Center. Built with federal financing assistance from the U.S. Department of Housing and Urban Development, the project and its contractors were subject to the Davis-Bacon and Related Acts and the Fair Labor Standards Act.

The department’s Wage and Hour Division investigated PR Drywall, a subcontractor on the Tualatin project. The agency determined that the tapers, also called drywall finishers, who prepare and press wet compound into joints, nail or screw holes in the drywall and then cover the wet material with tape, were paid below the prevailing wage rates required by the DBRA. The employees also worked beyond 40 hours in a workweek without being paid time and one-half, as required by law.

PR Drywall was found liable for $89,525 under the DBRA for prevailing wage violations, and $8,557 under the FLSA for overtime violations.

“Taxpayers have a right to expect federal contractors to understand their obligations and comply with the law,” said Thomas Silva, district director of the department’s Wage and Hour Division in Portland. “When PR Drywall or any other employer violates labor laws, they cheat their employees and gain an unfair advantage over competing employers who obey the law.”

The DBRA applies to contractors and subcontractors performing federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair, including painting and decorating, of public buildings or public works. DBRA contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area.

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.

Friday, February 27, 2015

Avcon Constructors Inc. fails to fund employee benefit plans on federally financed construction projects

An investigation by the U.S. Department of Labor’s Wage and Hour Division discovered that Napa-based Avcon Constructors Inc. did not make timely benefit plan payments on behalf of 19 employees working at the San Francisco Veterans Affairs Hospital and the Training Exercise Warehouse at Fort Hunter Liggett. Employees on these projects were working on federally financed contracts subject to Davis-Bacon and Related Acts regulations. The DBRA requires that contributions to funds for bona fide fringe benefits must be made at least quarterly.

“Taxpayers have the right to expect that federal contractors understand their obligations and comply with the law,” said Susana Blanco, director for the department’s Wage and Hour division in San Francisco. “The department works to ensure workers are paid proper wages and benefits in a timely manner. The agency will take action to recover payment when workers are denied their rightful compensation. We do so to create a level playing field for employers, ensuring those who shortchange workers do not gain a competitive advantage.”

The DBRA requires all contractors and subcontractors performing work on federal and certain federally funded projects to pay their laborers and mechanics the proper prevailing wage rates and fringe benefits, as determined by the secretary of labor. On a Davis-Bacon Act project, the prime contractor is responsible for the compliance of subcontractors and lower-tier subcontractors.

The DBA “prevailing wage” is a combination of the basic hourly rate and any fringe benefits listed in a DBA wage determination. The contractor’s obligation can be met by paying at least the prevailing wage listed in the contract wage determination and each laborer and mechanic the applicable prevailing wage entirely as cash wages or by a combination of cash wages and employer-provided bona fide fringe benefits. Prevailing wages, including fringe benefits, must be paid on all hours worked on the work site.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Wednesday, November 26, 2014

US DOL recovers back wages for workers on federally funded construction projects

Larino Masonry Inc. and owners debarred from bidding on federal contracts

The U.S. Department of Labor has secured $2,904,000 in back wages for laborers and mechanics who worked on federally funded construction projects in four New York City boroughs.

A federal administrative law judge approved a settlement requiring Larino Masonry Inc., based in Newark, New Jersey, to pay $1,945,000 in back wages to workers at projects in Manhattan and the Bronx for violating the Davis-Bacon and Related Acts and the Contract Work Hours and Safety Standards Act. In a separate, but related case, Larino also agreed to an order to pay $959,000 to workers at projects in Brooklyn and Queens.

Larino admitted that it failed to pay its workers the legally required prevailing wage, fringe benefits and overtime, and submitted falsified certified payrolls to a contracting agency. In addition to paying back wages, Larino and its company president Juan Luis Larino and vice president Maria Larino have been barred from bidding on federal contracts for the next three years.

“Taxpayers should expect that federal contractors understand their obligations and comply with the law,” said Maria Rosado, director of the Wage and Hour Division’s New York City District Office, which investigated the federally funded projects. “When Larino Masonry or any other employer violates labor laws, they cheat their employees and gain an unfair advantage over employers who obey the law. We will hold them accountable.”

“The department’s investigations and litigation demonstrate a commitment to ensuring workers are paid the wages to which they are legally entitled and a level playing field for employers doing business with the government,” said Jeffrey Rogoff, the department’s regional solicitor of labor in New York.

An investigation by the department’s Wage and Hour Division found that Larino Masonry failed to pay the required prevailing wage and fringe benefits to 67 laborers and mechanics on the Hobbs Ciena Project in Manhattan. The Hobbs Ciena Project involved the construction of a nine-story building at 305-307 E. 102nd St. and the rehabilitation of five buildings at 306-324 E. 100th St. in Manhattan. Larino was a first-tier subcontractor to Lettire Construction Corp.

An additional investigation found the same violations affecting 62 laborers and mechanics working on the Claremont Project at 282 E. 171st St. and 1421 College Ave. in the Bronx. Larino was a second-tier subcontractor at the site where, company officials admitted, some skilled tradesmen, such as power equipment operators, were paid as general laborers.

Further investigations found Larino committed violations of the DBRA and CWHSSA on the federally funded 97 Crooke Ave. Reverend Dan Ramm Residence in Brooklyn, where 50 workers were paid improperly, and at the Council Towers VI multifamily housing project in Queens, which found 49 workers owed back wages.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Thursday, September 26, 2013

Tri-County Building LLC pays workers on Detroit projects more than $130,000 in back wages following US Labor Department investigation

Company failed to pay federal prevailing wage to workers on four area projects

The U.S. Department of Labor’s Wage and Hour Division has recovered $132,551 in back wages for 27 laborers and mechanics of Detroit-based Tri-County Building LLC, who were not paid federal prevailing wage rates, and one manager who was misclassified as exempt from overtime. These employees were working on four U.S. Department of Housing and Urban Development projects. An investigation by the division found violations of the Davis-Bacon and Related Acts and the Fair Labor Standards Act.

Detroit district investigators found that some workers did not receive mandatory fringe benefits; the company failed to maintain accurate records of all employees performing work at various job sites; and it omitted some workers from certified payroll records—all violations of the DBRA. The manager misclassified as an exempt employee was not paid an overtime premium after 40 hours of work in a week, and the company failed to keep time and payroll records, as required by the FLSA.  “Some of these workers were paid significantly lower than the required wage rates and benefits. Not only does this practice undercut what is legally owed to the workers involved, it results in unfair competition for all firms interested in working on these HUD jobs,” said Timolin Mitchell, director of the Wage and Hour Division’s Detroit District Office. “Enforcement of the prevailing wage laws evens the playing field for all contractors and ensures employees earn a fair wage when working on federally funded contracts.”

Tri-County Building LLC was subcontracted to perform drywall hanging, taping and finishing work at Cornerstone Estates, Gardenview Homes, Renaissance Village/Evergreen Estates and 8900 Gratiot, all housing projects in Detroit. Since the completion of the investigation, all back wages have been paid. The company has agreed to comply with all FLSA and DBRA provisions in the future.

The Davis-Bacon Act requires all contractors and subcontractors performing work on federal and certain federally funded projects to pay their laborers and mechanics the proper prevailing wage rates and fringe benefits, as determined by the secretary of labor. On a Davis-Bacon Act project, the prime contractor is responsible for the compliance of subcontractors and lower-tier subcontractors.

The FLSA, adopted in 1938, requires that covered, nonexempt employees are paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers are required to maintain accurate time and payroll records.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Tuesday, April 23, 2013

Wage and Hour Division finds violations of Davis-Bacon Act by subcontractor on federal prevailing wage projects

The U.S. Department of Labor has recovered $25,476 in back wages for 10 truck drivers who delivered construction materials for a federally funded highway project near Chicago. An investigation by the department’s Wage and Hour Division found that Allied Landscaping Corp., who employed the drivers, violated provisions of the Davis-Bacon and Related Acts. The Joliet-based company is a subcontractor on an Illinois Department of Transportation Project for Interstate 55 in Will County.

“In this competitive contracting environment, no contractor should gain an economic advantage by paying workers below the required wages and fringe benefits on a prevailing wage project. Not only does this practice undercut what is legally owed to the workers involved, it results in unfair competition,” said Thomas Gauza, director of the Wage and Hour Division’s Chicago District Office. “Enforcement of the prevailing wage laws evens the playing field for all contractors.”

Wage and Hour Division investigators found truck drivers were paid $11 to $13 per hour less than the required prevailing base wage rate in violation of the Davis-Bacon Act. Under the terms of a consent finding and settlement agreement approved by a Labor Department administrative law judge, prime contractor Elwood-based Austin Tyler Construction LLC, has agreed to pay the $25,476 in back wages.

The DBRA requires all contractors and subcontractors performing work on federal and certain federally funded projects to pay their laborers and mechanics the proper prevailing wage rates and fringe benefits as determined by the secretary of labor. On a Davis-Bacon Act project, the prime contractor is responsible for the compliance of subcontractors and lower-tier subcontractors.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Wednesday, April 10, 2013

US Labor Department investigates BBC Foundations & Flatwork, finds more than $137,000 in back wages due to 31 employees

Contractor denies employees prevailing wages, fringe benefits on federal transit project

BBC Foundation & Flatwork LLC has paid $137,705 in back wages to 31 employees of the Carleton concrete company for performing work on a federal transit project in Toledo, Ohio. An investigation by the U.S. Department of Labor’s Wage and Hour Division found that the contractor violated the Fair Labor Standards Act, Davis-Bacon and Related Acts and the Contract Work Hours and Safety Standards Act.

“In this competitive contracting environment, no contractor should gain an economic advantage by paying workers below the wages and fringe benefits required on a federally funded construction project. Not only does this practice undercut what is legally owed to the workers involved, it results in unfair competition,” said Timolin Mitchell, director of the Wage and Hour Division’s Detroit District Office. “Enforcement of the prevailing wage laws levels the playing field for all contractors and ensures that workers bring home the wages they have rightfully earned.”

Investigators found BBC Foundation & Flatwork paid employees less than the required prevailing wages and fringe benefits for work on a Federal Transit Administration project to build a new Toledo Area Regional Transit Authority facility, violating the DBRA and CWHSSA. BBC, performing work on this project as a subcontractor to The Garrison Co., of Farmington Hills, falsified certified payroll documents it submitted to the contracting agency in an attempt to show payment at the required rates by recording fewer hours than were actually worked. This practice also resulted in a failure to pay employees overtime, since the falsified payroll forms indicated employees worked less hours than they actually did. As a result of these violations of the CWHSSA, liquidated damages were computed and notification was forwarded to the Federal Transit Administration.

Investigators also found violations of the FLSA including a failure to pay employees overtime compensation at time and one-half their regular rates of pay for hours worked beyond 40 in a week. The employer operated under two different business names and failed to combine hours worked when employees performed work under both companies during the same workweek. Additionally, BBC did not maintain time records documenting daily and weekly numbers of hours worked, as required.
The company has paid the back wages found due in full. BBC further agreed to comply with the FLSA, the DBRA and the CWHSSA in the future, and to implement a system to monitor payroll for overtime hours.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates of pay for hours worked beyond 40 per week.

The Davis-Bacon Act requires all contractors and subcontractors performing work on federal and certain federally funded projects to pay their laborers and mechanics the proper prevailing wage rates and fringe benefits, as determined by the secretary of labor. On a Davis-Bacon Act covered project, the prime contractor is responsible for the compliance of all subcontractors.

The CWHSSA applies to federal service contracts and federal and federally assisted construction contracts over $100,000. These require contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts one and one-half times their basic rate of pay for all hours worked over 40 in a workweek.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Wednesday, March 27, 2013

US Labor Department investigation finds more than $73,000 in back wages due 15 employees of Eagle Electric Inc.

Company paid substandard rates on federal contract, denied fringe benefits

Eagle Electric Inc. in Houma has paid $73,605 in back wages to 15 current and former employees following an investigation by the U.S. Department of Labor’s Wage and Hour Division, which found violations of the Fair Labor Standards Act, Davis-Bacon and Related Acts and the Contract Work Hours and Safety Standards Act. The company failed to pay employees prevailing wage rates, proper overtime, and fringe benefits for work on a federally financed construction contract to perform electrical services on the Assumption Parish Community Center for the Assumption Parish Police Jury in Napoleonville.
 
“Employers who enter into federal contracts are required to pay prevailing wages and benefits to workers in accordance with stated federal guidelines for the localities in which they live,” said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. “When employers ignore their responsibilities, they not only cheat their own employees, they gain an unfair advantage over those employers who obey the law. The department’s action in this case, and the back wages found due, should put other contractors on notice to ensure that they are paying their employees in compliance with the law.” The investigation by the division’s New Orleans District Office determined that Eagle Electric Inc. failed to pay employees the required prevailing wages and fringe benefits applicable to the classifications of work they performed on the project. Workers performing electricians’ work were paid laborers’ rates, which are lower, and were not paid fringe benefits as required by DBRA. Paying improper hourly rates also created overtime violations when premium pay was based on rates that were too low. Additionally, the investigation found that the employer failed to maintain records, as required by the FLSA.
Eagle Electric performed work on the project, funded by the Department of Housing and Urban Development, as a subcontractor of Lincoln Builders of Baton Rouge Inc. The company agreed to future compliance with the FLSA, DBRA and CWHSSA, and has paid the back wages found due in full.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers are required to maintain accurate time and payroll records.

The DBRA requires all contractors and subcontractors performing work on federal and certain federally funded projects to pay their laborers and mechanics proper prevailing wage rates and fringe benefits as determined by the secretary of labor.

The CWHSSA applies to federal service contracts and federal and federally assisted construction contracts exceeding$100,000. It requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts one and one-half times their basic rate of pay for all hours worked over 40 in a week.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

 

Tuesday, March 26, 2013

US Labor Department investigation finds more than $73,000 in back wages due 15 employees of Eagle Electric Inc.

Eagle Electric Inc. in Houma has paid $73,605 in back wages to 15 current and former employees following an investigation by the U.S. Department of Labor’s Wage and Hour Division, which found violations of the Fair Labor Standards Act, Davis-Bacon and Related Acts and the Contract Work Hours and Safety Standards Act. The company failed to pay employees prevailing wage rates, proper overtime, and fringe benefits for work on a federally financed construction contract to perform electrical services on the Assumption Parish Community Center for the Assumption Parish Police Jury in Napoleonville.

“Employers who enter into federal contracts are required to pay prevailing wages and benefits to workers in accordance with stated federal guidelines for the localities in which they live,” said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. “When employers ignore their responsibilities, they not only cheat their own employees, they gain an unfair advantage over those employers who obey the law. The department’s action in this case, and the back wages found due, should put other contractors on notice to ensure that they are paying their employees in compliance with the law.”

The investigation by the division’s New Orleans District Office determined that Eagle Electric Inc. failed to pay employees the required prevailing wages and fringe benefits applicable to the classifications of work they performed on the project. Workers performing electricians’ work were paid laborers’ rates, which are lower, and were not paid fringe benefits as required by DBRA. Paying improper hourly rates also created overtime violations when premium pay was based on rates that were too low. Additionally, the investigation found that the employer failed to maintain records, as required by the FLSA.

Eagle Electric performed work on the project, funded by the Department of Housing and Urban Development, as a subcontractor of Lincoln Builders of Baton Rouge Inc. The company agreed to future compliance with the FLSA, DBRA and CWHSSA, and has paid the back wages found due in full.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers are required to maintain accurate time and payroll records.

The DBRA requires all contractors and subcontractors performing work on federal and certain federally funded projects to pay their laborers and mechanics proper prevailing wage rates and fringe benefits as determined by the secretary of labor.

The CWHSSA applies to federal service contracts and federal and federally assisted construction contracts exceeding$100,000. It requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts one and one-half times their basic rate of pay for all hours worked over 40 in a week.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Wednesday, March 6, 2013

US Labor Department recovers more than $226,000 in back wages, liquidated damages for 67 employees of Southeastern Painting Contractors Inc.

Painters denied overtime, prevailing wages and fringe benefits

The U.S. Department of Labor has recovered $226,111 in back wages and liquidated damages for 67 employees who performed work on a federally-funded project involving the construction of new schools for Marion, Bartow and Whitfield County school districts in Georgia.

The investigation, conducted by the department’s Wage and Hour Division, found Southeastern Painting Contractors Inc. of Carrollton violated the Fair Labor Standards Act’s minimum wage, overtime and record-keeping provisions, as well as the prevailing wage and fringe benefits requirements of the Davis-Bacon and Related Acts. Southeastern Painting Contractors worked as a subcontractor under both RK Redding Construction Inc., of Bremen, and Ra-Lin & Associates, of Carrollton.
 
“Taxpayers have a right to expect that federal contractors, who are paid with tax dollars, will comply with the law, and the department will not allow companies to abuse that trust,” said Caryl Stribling, acting district director of the Wage and Hour Division’s office in Atlanta. “This investigation underscores the department’s commitment to ensure that basic hourly rates and fringe benefits are paid to employees working on government contracts. It also protects the competitive bid process to prevent contractors from underbidding their competitors by paying less than the required wages. Everyone plays by the same rules.”

The investigation disclosed that the employer misclassified employees as independent contractors and failed to pay them overtime compensation at time and one-half their regular rates of pay for hours worked beyond 40 in a workweek, as required by the FLSA. The employer paid straight time for all hours worked. Despite the employer’s designation, none of the affected employees were found to be true independent contractors with businesses of their own. Additionally, the employer violated the FLSA’s record-keeping provision by failing to maintain records of all the hours employees worked.

Employees were also classified incorrectly for the work they performed and were paid rates below those required by the contract, in violation of the DBRA. The employer paid employees performing work as painters the lower hourly rate required for laborers, and paid some employees reduced rates as apprentices. The investigation disclosed that no recognized or approved apprenticeship program was in place. The firm also failed to pay employees hourly fringe benefits required by the contracts.

Under the FLSA, employers must distinguish employees from bona fide independent contractors. An employee, as distinguished from a person who is engaged in a business of his own, is one who, as a matter of economic reality, follows the usual path of an employee and is dependent on the business that he serves. For more information, visit http://www.dol.gov/whd/regs/compliance/whdfs13.htm.

The employer has agreed to full future compliance with the FLSA and DBRA. Back wages and liquidated damages have been paid in full.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. The FLSA provides that employers who violate the law are, as a general rule, liable to employees for their back wages and an equal amount in liquidated damages, which are paid directly to the affected employees. Liquidated damages equal to the amount of back wages found due under the FLSA were assessed in this case.

The DBRA requires all contractors and subcontractors performing work on federal and certain federally-funded projects to pay their laborers and mechanics proper prevailing wage rates and fringe benefits as determined by the secretary of labor.

The Wage and Hour Division’s Atlanta District Office can be reached at 404-893-4600. Information about FLSA, DBRA and other federal labor laws is available by calling the division’s toll free helpline at 866-4US-WAGE (487-9243) or visiting http://www.dol.gov/whd.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.