US Department of Labor recovers more than $51K in back wages, damages for 11 employees of Timmonsville trucking company that denied overtime pay

Employer:  Ard Trucking Co. Inc.

                    4190 Alligator Road, Timmonsville, SC 29161

Investigation Findings: Investigators with the department’s Wage and Hour Division found that a South Carolina trucking company paid 11 employees straight-time rates for all hours worked, including overtime hours. By doing so, the employer failed to pay the required time-and-a-half overtime premium for hours over 40  in a workweek, a Fair Labor Standards Act violation. Ard Trucking also required one employee to pay for uniforms when they resigned from the company, causing the worker’s average hourly pay rate to drop below the federal minimum wage. In addition, the employer failed to maintain a record of work hours for some employees, an FLSA recordkeeping violation.

Back Wages and Liquidated Damages:        

$25,693 in back overtime wages

$25,693 in liquidated damages                                               

Quote: “Not paying workers their full and legally earned wages is unethical and illegal. Employers have a legal obligation to pay employees for all hours they worked,” said Wage and Hour Division District Director Jamie Benefiel in Columbia, South Carolina. “Employers must follow these standards and make sure their employees take home every cent they’ve earned. An employer’s failure to comply with the law can have costly consequences.”

Background: In most cases, the FLSA requires employers to pay U.S. employees at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours over 40 in a workweek. Learn more about the Wage and Hour Division and workers’ rights, including a search tool to use if you think you may be owed back wages collected by the division. See how this investigation impacted one worker’s life.

Employers and workers can call the division confidentially with questions. The department will assist workers, regardless of their immigration status, and staff can speak with callers in more than 200 languages through the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Keep track of hours and wages with the Wage and Hour’s new Timesheet App for Apple and android devices, available in English and Spanish.