Department of Labor recovers $305K in back wages, damages for 47 workers after contractor failed to pay them for all hours worked; denied overtime

LOS ANGELES – The U.S. Department of Labor has recovered $305,977 in back wages and damages for 47 people employed by a Palmdale construction company that deliberately failed to pay them for time spent working before and after their shifts and when traveling to and from the company’s yard.

Investigators with the department’s Wage and Hour Division found Tejon Constructors Inc. did not pay the affected workers for all the hours they worked in violation of the Fair Labor Standards Act. They also determined the company owners — Brian Smith, Timothy Costello and Paul Delgado — failed to keep accurate records of employees’ hours worked as required by law.

“The U.S. Department of Labor is committed to making sure workers are paid every dollar they earn,” said Wage and Hour Division Assistant District Director Susan Bacon in Los Angeles. “Our investigators often find employers in the residential construction industry not paying workers for pre- and post-shift work and for work-related travel time. We encourage employers to contact us with questions to avoid compliance issues and the potentially costly consequences of paying back wages and damages.”

In addition to recovering $152,988 in back wages and an equal amount in liquidated damages, the division assessed Tejon Constructors with $9,494 in civil money penalties for its willful disregard of federal regulations.

Founded in Bakersfield in 1983, Tejon Constructors Inc. is a general contractor now located in Palmdale specializing in water, sewer, storm drain and other infrastructure projects throughout Southern California. 

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Employers and workers can call the division confidentially with questions, regardless of where they are from. The department can speak with callers in more than 200 languages through the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Help ensure hours worked and pay are accurate by downloading the department’s Android and iOS Timesheet App for free on any mobile device, also available in Spanish.

This news release is also available in Spanish.