U.S. Department of Labor issued the following announcement on Oct. 8.
After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Superior Industrial Laundries Inc. – a commercial laundry facility based in Fairmont, West Virginia – has paid $66,641 in back wages and liquidated damages to 36 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).
WHD investigators found that Superior Industrial Laundries Inc. – doing business as Superior Laundries – misapplied an exemption from the FLSA's overtime requirements to its delivery drivers and certain sales staff. The employer paid the misclassified employees flat salaries, without regard to the number of hours that they actually worked. This practice resulted in violations when the employer failed to pay overtime when those employees worked more than 40 hours in a workweek. The employer also failed to keep records of daily and weekly work hours for these employees, in violation of the FLSA's recordkeeping requirements.
"Exemptions from the law's overtime requirements require very specific criteria to be met," said Wage and Hour Division Director John DuMont in Pittsburgh, Pennsylvania. "We invite all employers to use the wide variety of tools we offer to help them understand those criteria, and ultimately their responsibilities under the law. Employers or workers with questions can also call us, or visit any of our offices, to speak directly with a trained Wage and Hour professional."
The FLSA requires that covered, nonexempt employees be paid at least the minimum wage of $7.25 per hour for all hours worked, plus time-and-one-half their regular rates, including commissions, non-discretionary bonuses, and incentive pay, for hours worked beyond 40 per week. Employers also must maintain accurate time and payroll records.
Original source can be found here.