Florida-based White Aluminum & Windows will pay $102,767 in back wages to 41 employees for violating overtime and recordkeeping provisions of the Fair Labor Standards Act, the Department of Labor announced in a news release.
The Department’s Wage and Hour Division (WHD) determined the Leesburg, Fla., contractor paid overtime-eligible managers and staff flat salaries without regard to the actual number of hours they worked. This resulted in the employer failing to pay overtime in addition to salaries of employees who worked more than 40 hours per week. The contractor also failed to include earned commissions and bonuses in workers’ pay rates when computing overtime pay rates.
The investigation also found White Aluminum & Windows failed to maintain accurate records of the hours employees worked.
“Paying employees on a salary basis does not necessarily exempt them from overtime pay when they work over 40 hours in one week,” WHD district division for Jacksonville Daniel White said. “Employers must understand their obligations and responsibilities under the law.”