The U.S. Department of Labor discovered a San Bernardino home contractor failed to pay proper overtime wages.
Sun West Services LLC paid approximately $320,000 after failing to pay overtime wages to 143 painters and other workers, according to an April 14 news release.
“Federal law requires employers to pay all employees all of their legally earned wages,” Wage and Hour Division Assistant District Director Gayane Aleksanian said in the release. “In this case, Sun West Services willfully denied more than 140 piece-rate and hourly employees for overtime hours worked. The company has now learned that the Wage and Hour Division will hold employers accountable for such failures and for the costly consequences that come with them.”
Sun West Services reportedly did not pay overtime compensation for hours beyond 40 in a workweek to piece-rate painting and hourly cleaning workers, according to the release. In addition, the employer failed to maintain proper records of employees’ work hours and other payroll records.
Both of these infractions are in violation of the Fair Labor Standards Act, the release said. The FLSA requires employers pay at least the standard minimum wage and overtime pay for hours worked above 40 in a work week.
The department recovered $286,289 – $143,144 in back wages and an equal amount in liquidated damages – for the affected employees, the release reported. Sun West Services also paid $33,705 in civil penalties for the willful nature of the employer’s violations.
The investigation covered the company’s pay practices from March 2019 through March 2022, according to the release.
Sun West Services is a residential contractor in California, providing interior and exterior painting for new homes, the release reported.
This case serves as a reminder to all employers that failing to properly compensate employees for their work can result in legal consequences, the release said. It is important for employers to understand and comply with federal wage and hour laws in order to avoid costly penalties and litigation.
