Lexington, S.C.-based Lucas Builders has paid $43,663 in back wages and liquidated damages to 15 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).
The U.S. Department of Labor's Wage and Hour Division investigators found the residential construction company violated overtime requirements when Lucas Builders paid employees straight-time rates for all the hours they worked. This practice resulted in violations when employees worked in excess of 40 hours a week and were not paid time and one half their regular rates. The company also misclassified some employees as independent contractors and failed to pay these workers overtime pay when they worked in excess of 40 hours in a workweek. Lucas Builders also failed to maintain accurate payroll records for its employees, a violation of the FLSA's recordkeeping requirements.
“Employers must pay employees all of the wages they have earned for all of the hours they have worked, including overtime, when applicable,” Wage and Hour Division Columbia, S.C., district director Jamie Benefiel said in a public statement. “Employers must fully understand their responsibilities under the Fair Labor Standards Act. We encourage employers and employees alike to call our offices to speak directly with trained Wage and Hour professionals and ask any questions they may have. Violations like those in this case can be avoided.”