Nueces County Sheriff’s Office pays $769K in overtime back wages, penalties following US Labor Department investigation

CORPUS CHRISTI, Texas – A U.S. Department of Labor Wage and Hour Division investigation uncovered that the Nueces County Sheriff’s Office altered employee time sheets and did not pay its employees legally required overtime compensation.

The division’s McAllen District Office investigators found the Sheriff’s Office violated the overtime and recordkeeping provisions of the Fair Labor Standards Act. The department routinely altered time sheets to reflect only the scheduled work hours, and failed to accurately reflect any additional time worked. The department also failed to keep accurate records, as required by law. Affected employees included corrections officers, cadets in the corrections department, patrol and civilian employees.

“These hard working employees, who put themselves in harm’s way every day, deserve to be paid every penny they have rightfully earned,” said Betty Campbell, Southwest regional administrator for the Wage and Hour division. “Their jobs are to protect the rest of us, yet in this case, they were the ones who needed protection.  The resolution of this case should send a strong message to other employers who may be shorting their workers – no one, including a law enforcement agency, is above the law. Our division will continue to use every enforcement tool available to ensure a fair day’s pay for a fair day’s work.”

Following the investigation, the Sheriff’s Office paid $717,000 in back wages to 473 employees, and was assessed more than $52,000 in civil money penalties. In an agreement with the federal government, the Sheriff’s Office is required to:

• Implement a bio-metric sign-in system for all county employees to track working hours.
• Train all newly elected officials, managers, front-line supervisors, record keeping personnel and human resource staff in the FLSA’s minimum wage, overtime, and record-keeping requirements.
• Provide current and future employees with information about legal protections covering payment for hours worked, rest and meal breaks.
• Provide a method for employees to file anonymous complaints.
• Prohibit the discharge of or discrimination against any employee who raises concerns.
• Provide employees with information concerning FLSA anti-retaliation provisions.  
• Provide general notice of FLSA protections to its employees.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers must maintain accurate time and payroll records.

For more information about federal wage laws, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd/.