New Hampshire contractor pays over $107,000 in back wages, liquidated damages following DOL investigation

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Southers Construction Inc. was found by the Department of Labor to be engaged in illegal pay practices. | Adobe Stock

New Hampshire contractor pays over $107,000 in back wages, liquidated damages following DOL investigation

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A New Hampshire carpentry contractor recently paid $107,678 in combined back wages and liquidated damages to 52 workers “shortchanged by illegal pay practices,” a U.S. Department of Labor (DOL) press release said.

Southers Construction Inc., based in Dover, misclassified workers as independent contractors and paid straight time when employees worked more than 40 hours in a workweek, the Dec. 2 release said. The DOL added the company paid some workers off the books with non-payroll checks and did not keep accurate payroll records.

"Residential construction workers do essential work, ensuring the safety of our homes and families," DOL Wage and Hour District Director Steven McKinney, based in Manchester, New Hampshire, said in the release. "Our investigation found Southers Construction Inc. denied some of their workers hard-earned overtime pay. Contractors cannot evade overtime requirements by misclassifying employees or by failing to pay them in accordance with the law."

DOL's Wage and Hour Division recovered $53,839 in back wages and an equal amount in liquidated damages due to the investigation, the release said. The division has recovered more than $36 million in back wages for workers in the construction industry in fiscal year 2021.

"Employers with questions about their legal obligations and workers who believe their employer has not paid them properly are encouraged to contact their local wage and hour division office," the release said.

In a Dec. 10 Facebook post, Southers Construction said it was looking for workers who want to join their "fast-paced, team-based environment."

"Do what you love and you’ll never work a day in your life!" the Facebook post said. "At Southers Construction, our goal is to ensure that our employees are advancing within their field while developing their personal skills. Keeping a healthy work-life balance is crucial to ensure that our employees are enjoying every day both on and off the clock.”

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