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DOL Recovers More than $500,000 in Back Wages on Behalf of Employees of Two Miami Area Companies

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On November 10th, 2020, the Department of Labor (DOL) announced the recovery of approximately  $541,026 in financial compensation on behalf of 134 employees at two Miami-area aviation services companies—Turbine Engine Center Inc., and Miami NDT Engine Services LLC.

According to the agency, the engine repair companies violated the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). In this article, our Miami employment law attorneys discuss the DOL’s settlement and explain the obligation that employers have to pay wages on time.

Allegations: Two Miami Area Companies Missed Payroll 

Earlier this year, workers at two mid-sized Miami-Dade County companies complained that they did not receive their regularly scheduled paycheck. Following allegations that payroll was improperly delayed, the Wage and Hour Division (WHD) launched an inquiry into two South Florida aviation engine repair and service businesses:

  • Turbine Engine Center Inc. of Medley, Florida; and
  • Miami NDT Engine Services LLC of Doral, Florida.

The DOL determined that the two businesses missed their payroll early this year. Turbine Engine failed to pay nearly $300,000 in wages to more than 75 workers. Miami NDT Engine Service missed more than $240,000 in wage payments to nearly 60 workers. As a direct result of the delayed payroll, both companies breached the minimum wage and overtime provisions of the FLSA.

 Workers Should Be Paid On or Before the Scheduled Date 

Businesses and organizations in South Florida have a legal responsibility to pay workers on or before their normally scheduled date of pay. The failure to do so is, almost invariably, a violation of the Fair Labor Standards Act (FLSA). The FLSA is the primary federal law that protects the wage and hour rights of workers.

To start, the minimum wage requirements of the FLSA guarantees workers a minimum hourly wage. When payroll is delayed, that is a minimum wage violation. For obvious reasons, an employee who receives $0 pay had their minimum wage rights violated. Of course, that employee is still owed the full wages that they earned.

In addition, the FLSA requires companies to pay overtime wages in the period that it was earned. In other words, if a worker earned overtime pay, they should be compensated within the appropriate paycheck. Companies do not have the right to delay overtime pay or shift hours around between pay periods. Missing payroll triggers an overtime violation if any affected worker was owed overtime pay for that period of time.

Call Our West Palm Beach & Miami FLSA Lawyers for Immediate Legal Help

At Pike & Lustig, LLP, our Florida employment law attorneys represent clients in the full range of FLSA claims. With experience serving both employers and employees, we offer well-rounded guidance and support. If you have any questions about minimum wage or overtime laws, our firm can help. Call us now for a confidential initial evaluation of your case. With law offices in West Palm Beach and Miami, we handle FLSA cases throughout Southeastern Florida.

Resource:

dol.gov/newsroom/releases/whd/whd20201110-0

https://www.turnpikelaw.com/dol-issues-two-wage-and-hour-opinions-voluntary-training-travel-to-construction-sites/

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