Adair County, Oklahoma, paying $37K in back wages following US Department of Labor investigation

Employer: Adair County, Oklahoma.

Investigation findings: The U.S. Department of Labor's Wage and Hour Division, during two recent investigations of the Adair County Jail Trust Authority and the Adair County Sheriff's Office, found violations of the minimum wage and overtime provisions of the Fair Labor Standards Act. The violations impacted 78 employees who are due a combined $37,021 in back wages. The investigation revealed that some employees were paid a straight salary regardless of the hours they worked. These non-exempt employees did not always earn the federal minimum wage, currently $7.25 per hours, when their salary was divided by the hours they worked, nor were they paid overtime when they worked beyond forty hours in a workweek. The county also failed to pay some hourly employees overtime at time and a half for hours worked beyond forty per workweek.

Resolution: To prevent these violations from happening again, Adair County officials signed an enhanced compliance agreement to implement new timekeeping and payroll systems county-wide that will enable them to more accurately track and compensate for overtime hours in the future. The county will pay back wages to 78 employees working as sheriff deputies, office staff, dispatchers, jailers, corrections officers and kitchen staff.

Quote: "All employers need to understand and implement the labor laws that apply to their organizations. The Wage and Hour Division offers a great deal of compliance assistance and stands ready to help both workers and employers," said Betty Campbell, acting regional administrator for Wage and Hour Division in the Southwest. "Other employers who may be paying their workers in a similar manner should take note of this case."

Information: Job titles do not determine exempt status, and simply paying an employee a salary does not necessarily mean the employee is not eligible for overtime. The FLSA provides an exemption from both minimum wage and overtime pay requirements for individuals employed in bona fide executive, administrative, professional and outside sales positions, as well as certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the department's regulations.

For more information about federal wage laws, or to file a complaint, call the Wage and Hour Division's toll-free helpline at 866-4US-WAGE (487-9243), it's Oklahoma City District Office at405-231-4158, or the Tulsa Area Office at 918-581-6303. Information also is available at http://www.dol.gov/whd/.