The latest in a long line of back wage crackdowns comes at the expense of a Fort Myers air conditioning company, Sunset Air & Home Services Inc.
This week, the US Department of Labor recovered $36k in back wages and damages after finding that the company used improper pay practices and victimized their employees.
Wage and Hour Division District Director Nicolas Ratmiroff commented on the investigation, saying, “When employers pay commissions, differentials, certain bonuses, stipends or other incentives, they must include them in calculation of overtime pay. We see this violation frequently.”
During the investigation, it was found that in addition to improper pay practices utilized by the company, the company also failed to maintain accurate time records for work conducted by on-call dispatchers, which is required by law. Their practices violated the Fair Labor Standards Act.
Ratmiroff continued, saying, We encourage all employers and especially those who offer various types of incentive pay, to review federal requirements regarding overtime. Additionally, those who pay workers on a piece-rate, day rate, or on commission must maintain an accurate record of hours worked. These requirements cannot be waived by employees or employers.”
The company has been ordered to pay $36,123 in back wages and liquidated damages for 23 workers.
