US Labor Department's investigation of Trademark Garage Floors Inc. in Florida yields nearly $42K in back wages for 22 employees

Employer name: Trademark Garage Floors Inc.

Investigation site: 5839 Trouble Creek Road, New Port Richey, Florida 34652

Investigation findings: Investigators from the U.S. Department of Labor's Wage and Hour Division, Tampa District Office, found that Trademark Garage Floors Inc. violated the overtime and record keeping provisions of the Fair Labor Standards Act. Specifically, the employer improperly deducted more time for lunches than employees took, and deducted for short breaks. The employer required that employees report to the business to unload and load trucks in the morning, starting their workday, but then failed to pay for time spent traveling from the business to their first jobsite of the day. They also failed to pay for time spent traveling between worksites. The employer's failure to pay for all the time employees worked resulted in overtime violations when their actual hours exceeded 40 per week. Additionally, the employer did not keep accurate and complete records of hours worked by employees.

Resolution: Trademark Garage Floors has agreed to comply with the FLSA and to pay back wages totaling $41,888 to 22 employees.

Quote: "Employers must record and pay for all hours employees work which includes the time spent traveling between job sites or doing preparatory work before a shift starts," said Frank McGriggs, the Wage and Hour Division's deputy regional administrator in Atlanta. "We urge all employers to review their pay practices to ensure compliance with the laws that apply to them. The department will continue its efforts to ensure workers receive a fair day's pay for a fair day's work, and to maintain a level playing field for those businesses that are following the rules."

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

For more information about the FLSA and wage laws or to file a complaint, call the Wage and Hour Division's toll-free helpline at 866-4US-WAGE (487-9243); the Tampa District Office at 813-288-1242 or visit http://www.dol.gov/whd/.