An investigation by the U.S. Department of Labor's Wage and Hour Division determined Thonotosassa, Fla.-based Orion Builders Service violated overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA), according to a news release from the agency. The Florida roofer paid $265,001 in back wages to 67 employees and $17,753 in civil money penalties for repeat violations.
Investigators found the roofer paid employees a piece rate without regard to the number of hours employees actually worked, resulting in violations when employees logged more than 40 hours in a workweek. In such cases, Orion Builders Service failed to pay employees overtime in addition to their piece rates. The Wage and Hours Division also discovered recordkeeping violations when Orion Builders Service failed to maintain daily and weekly records of the number of hours worked by employees.
"Employers are obligated to pay their employees the wages they have legally earned," said Wage and Hour Division Jacksonville, Fla., district director Daniel White. "Even if employees are paid piece rates, or on salaries, they could be due overtime when they work more than 40 hours in a week. The outcome of this investigation is a good reminder to review pay practices to ensure employees are being paid as the law requires."