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$18,496 paid to 42 H2B visa workers of Vanderbilt Landescaping, LLC for wage violations

Vanderbilt Landscaping, LLC recently agreed to pay $18,496 to 42 workers after a WHD investigation found workers were not compensated for visa and transportation costs that reduced their wages below the federal minimum wage. The company also failed to compensate workers for all hours spent on job duties, resulting in them not receiving overtime pay when hours worked exceeded 40 hours in a week. Back wages in that case have been paid to all workers who could be located.

The H-2B program permits employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time, such as a one-time occurrence or for seasonal, peak load and intermittent needs. The H-2B program requires the employer to attest to the Department of Labor that it will offer a wage that equals or exceeds the highest of the following: the prevailing wage, the applicable federal minimum wage, the state minimum wage or the local minimum wage. That wage must be paid to the H-2B nonimmigrant worker for the occupation in the area of intended employment during the entire period of the approved H-2B labor certification. The H-2B program also establishes certain recruitment and displacement standards in order to protect similarly employed U.S. workers.

The Fair Labor Standards Act requires that covered employees be paid at least the federal minimum wage of $7.25 per hour as well as time and one-half their regular hourly rates for every hour they work beyond 40 per week. The law also requires employers to maintain accurate records of employees’ wages, hours and other conditions of employment, and prohibits employers from retaliating against employees who exercise their rights under the law.

This blog is sponsored by the Law Office of Rose H. Robbins, established in 1987 and located in Boca Raton, Florida, which serves clients all over Florida.   The firm concentrates in the following areas: Employment Law &  Immigration. Rose H. Robbins is fluent in Spanish and French.  Tel: (954) 946-8130.  Email: rose (at) roserobbins.com

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Office:  2255 Glades Road,  Suite 324A,    Boca Raton, Florida 33431

The Law Office of Rose H. Robbins, Lawyers and Attorneys, serve all of Florida including South Florida, North Florida, Miami-Dade County, Broward County, and Palm Beach County, as well as the cities of Hollywood, Fort Lauderdale, Boca Raton, Pompano Beach, Lighthouse Point, Deerfield Beach, Pembroke Pines, Miramar, Margate, Plantation, Aventura, Miami Beach, Hialeah, Coral Springs, Tampa, Jacksonville, Orlando, Cooper City and Coconut Creek in unpaid overtime, minimum wage, wage and hour, discrimination claims and immigration matters. Our goal is to level the playing field for employers who play by the rules.

You may contact the Law Offices of Rose H. Robbins for a free consultation to see if you have a case for unpaid overtime or minimum wages by calling (954) 946-8130 or by filling out the confidential form below. If our office decides to accept your case and we enter into a written, signed retainer agreement you will not have to pay anything unless we win your case. Appointments are available at various locations in Palm Beach, Broward and Miami-Dade Counties.

Please use the form below to contact the Law Offices of Rose H. Robbins for a free evaluation of your employment concerns or call (954) 946-8130.

$56,000 in back wages for 17 employees recovered from auto dealership in Milton, Georgia

June 27, 2011. McKenzie Motors in Milton, Florida agreed to correct minimum wage, overtime and record-keeping violations. The U.S. DOL has recovered $55,807 in back wages for 17 employees of McKenzie Motors, a Buick GMC dealership in Milton, following an investigation by the department’s WHD that found violations of the minimum wage, overtime compensation and record-keeping provisions of the Fair Labor Standards Act.

Investigators determined that 15 automobile sales personnel were paid weekly and monthly commissions regardless of hours worked. While these employees are exempt under the FLSA from receiving overtime compensation, in some weeks they did not make sufficient commissions to meet the required federal minimum wage for the hours worked. The company also violated the FLSA’s record-keeping provisions by failing to maintain accurate records of the hours worked by sales staff.Additionally, the company improperly classified two other employees as exempt from overtime wages; as a result, they did not receive proper compensation for all hours of their work.  McKenzie Motors has paid all back wages owed to employees and agreed to future compliance with the FLSA, including ensuring that sales employees are paid at least the statutory minimum wage for all hours worked or commissions, whichever is higher. As part of the agreement, all employees will document their hours on timesheets.

The FLSA requires that covered nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, and time and one-half their regular rates of pay for hours worked beyond 40 in a week. Employers also must maintain accurate time and payroll records.

Please contact the Law Offices of Rose H. Robbins for a free evaluation of your employment concerns.

85 EMPLOYEES OF INDUSTRIAL ENERGY SERVICES TO RECEIVE MORE THAN $174,000 IN BACK WAGES

JACKSONVILLE, Fla. — Pensacola-based electrical contractor Industrial Energy Services has agreed to pay $174,719 in back wages to 85 employees following an investigation by the U.S. DOL WHD that found violations of the minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act.

Industrial Energy Services is a national electrical contractor. The company�s primary office is located in Pensacola and its corporate office is in Manahawkin, N.J. Investigators found that the company had lost its lines of credit, which created a shortage of cash to cover the payroll. This situation resulted in $52,627 in unpaid wages for 50 employees. Additionally, the company failed to record the actual number of hours worked by field employees and did not pay time and one-half their regular rates of pay for hours exceeding 40 in a workweek, as required under the FLSA. Overtime violations resulted in another $122,092 owed in back wages to 78 workers. Seven of the employees are due back wages for missed payroll only. The rest are due back wages for both missed payroll and overtime. The company agreed to pay all back wages due to the affected employees and to maintain future compliance with the FLSA by keeping accurate records, and paying full and proper wages for all hours employees work.

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked plus time and a half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers must also maintain accurate time and payroll records.

Please use the form below to contact the Law Offices of Rose H. Robbins to obtain an evaluation of your employment concerns.