Tuesday 19 November 2013

Employment Overtime

A recent Wage and Hour Division investigation in Dallas, Texas, revealed that 252 temporary employees from The Temp Team were forced to work as many as 79 hours per week, without receiving overtime payment, which is a clear violation of the Fair Labor Standards Act. The employees were reportedly placed at local businesses and paid “straight time” wages, rather than the FLSA overtime requirement. Under the FLSA, employees who are covered by the act must be compensated with the federal minimum wage, $7.25, for all hours worked in a week, plus overtime compensation, which includes any bonuses, incentive pay and commissions. The DOL investigation also found that the company engaged in employee misclassification by incorrectly classifying two temporary employees as exempt from the FLSA overtime provisions. Both employees failed to receive any overtime compensation or protections under the wage and hour act. The company was also charged with violating the FLSA by failing to maintain accurate time and payroll records for all employees. The Temp Team has agreed to pay $244,104 in back wages. The company also agreed to properly classify employees and to maintain proper record keeping provisions in the future. In 2010, employers reportedly paid $176 million in employee back wages, and in the past five years, employers have paid nearly $925 million in back wages and overtime compensation to around 1.2 million workers. If you or someone you know has not been receiving well deserved earnings, contact the attorneys at Thering McCarley PLLC today. Our Employment Law Frisco has the experience to guide you through your case and get you what you deserve.

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