U.S. Department of Labor Investigation Results in Miami School Paying $635,269 to 461 Employees for Wage Violations

MIAMI, FL – Belen Jesuit Preparatory School of Miami, Florida, will pay $635,269 to 461 employees for violations of the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) found in a U.S. Department of Labor Wage and Hour Division (WHD) investigation. WHD also assessed the school $47,578 in civil money penalties for violations of the FLSA's child labor requirements.

Investigators determined that Belen Jesuit Preparatory School classified summer camp counselors incorrectly when it labeled them as exempt from the FLSA's minimum wage and overtime requirements, and paid them flat weekly salaries without regard to the number of hours they had actually worked. This practice resulted in overtime violations when employees worked more than 40 hours in a week yet were not paid overtime. The school also required summer counselors to attend 16 hours of unpaid training prior to the start of camp, resulting in minimum wage violations for those unpaid hours. Summer counselors did not clock in or out for work or lunch breaks and were required to attend an additional 30-to-45-minute weekly meeting, which was also not reflected in time records. The failure to maintain accurate time records resulted in recordkeeping violations.

Investigators also found the school violated child labor requirements when it employed 97 counselors, 14- and 15-years old, to work more than 40 hours per week. The FLSA caps work time for those minors at 40 per week when school is not in session.  

"The well-being of minors in the workplace remains a priority for the Wage and Hour Division," said Wage and Hour Division District Director Tony Pham, in Miami. "We appreciate this employer's cooperation in working with us to correct these violations and come into compliance. We encourage all employers to use the many tools we offer to learn about their responsibilities and to avoid violations."

Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at https://www.dol.gov/whd.