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Two West Palm Beach Contractors Will Pay More than $175,000 to Resolve FLSA Violations—including Unpaid Overtime and Failure to Pay Prevailing Wages

Employment7

According to a news release from the United States Department of Labor (DOL), two West Palm Beach companies will pay more than $175,000 in order to resolve claims involving allegations of unpaid overtime and other violations under the Fair Labor Standards Act (FLSA).

In total, the contractors will pay $175,413 in back pay and other fringe financial benefits to a group of 46 employees. Here, our West Palm Beach FLSA violation attorneys provide an overview of the enforcement action taken by the DOL.

Overtime Violations: Electricians Were Underpaid 

Following a comprehensive investigation, the DOL determined that two West Palm Beach based electrical companies underpaid workers in violation of the FLSA. Specifically, the DOL alleged that J & Brothers Electrical Corp. and Southern Integrated Systems LLC violated the overtime provisions of federal law and other important regulations. Indeed, the agency found that these companies paid their electricians standard wages, even though some of them were working in excess of 40 hours per week. The companies are paying more than $175,000 to employees to remedy the violations.

Beyond the failure to pay overtime, each contracting company was also found to have committed other wage and hour violations. Notably, the companies were contracted to do work by the federal government—fix West Palm Beach’s Royal Palm Place Apartment complex. Pursuant to their government contract, these companies were also supposed to pay workers “prevailing wages.” The DOL contends that they failed to do so.

In government contracting, a prevailing wage is defined as the standard wage paid to most workers in a particular geographic area. Prevailing wages are established by regulatory agencies and they are designed to help ensure that contractors under government projects are paying fair and just wages.

Contractors and Subcontractors Have a Duty to Comply With the FLSA 

In bringing this enforcement action, Miami Wage and Hour Division District Director Tony Pham wanted to make clear that all contractors and subcontractors operating in South Florida have a legal duty to pay their employees the wages that they have rightfully earned.

In some cases, construction projects that are contracted to one company and then subcontracted to another firm can get confusing. It is crucial that all companies on the job properly compensate their workers. Employers need to know that all individual employees—assuming that they are not overtime exempt—must be paid overtime wages when they work more than 40 hours. Further, they must comply with all other applicable regulations, including prevailing wage laws.

Call Our West Palm Beach, FL FLSA Lawyers for Immediate Assistance

At Pike & Lustig, LLP, our West Palm Beach employment law attorneys have the skills, experience, and knowledge needed to handle the full range of FLSA cases. If you have questions about your rights, we are here to help. For a strictly confidential, no commitment consultation, please call us today. We represent clients in West Palm Beach, Miami, and throughout the surrounding communities in Southeastern Florida.

Resource:

dol.gov/newsroom/releases/whd/whd20200302-4

https://www.turnpikelaw.com/flsa-overtime-regulations-what-is-compensable-time/

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