U.S. Department of Labor Investigation Finds Texas-Based Contractor Violated Wage Laws on Federally Funded Alabama Highway Project

BIRMINGHAM, AL – J&L Imperium Industries LLC – based in Dallas, Texas – has paid $24,072 in back wages to 10 employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation found the company violated requirements of the Davis-Bacon and Related Acts (DBRA), the Contract Work Hours and Safety Standards Act (CWHSSA), and the Fair Labor Standards Act (FLSA), while operating at a worksite in Birmingham, Alabama.

WHD investigators found J&L Imperium Industries LLC inaccurately classified several employees working as batch plant managers or truck drivers and one office administrator as exempt from the overtime requirements of the FLSA when none met the requirements for exemption. J&L Imperium Industries LLC paid all of the affected employees' flat weekly salaries, regardless of the number of hours they worked, resulting in overtime violations when they worked more than 40 hours per week without overtime payment.

J&L Imperium Industries LLC also employed workers in violation of the CWHSSA. Some employees who worked on the project were not paid time-and-one-half for their overtime hours when they worked more than 40 hours in the workweek.

J&L Imperium Industries LLC provides ready-mix concrete contracting labor and has been contracted to work in Birmingham on the I-65 and I-20/59 interchange and bridge construction project, funded by the U.S. Federal Highway Administration and the Alabama Department of Transportation. The DBRA requires contractors and subcontractors performing work on federally funded or assisted projects to pay workers prevailing wage rates and fringe benefits as determined by the U.S. Secretary of Labor and as included in their contracts.

"Failing to pay required overtime creates an unfair economic advantage over employers that do comply with the law and pay their employees all the wages they have legally earned," said Wage and Hour Division District Director Kenneth Stripling, in Birmingham. "Employers should confirm they understand all of their responsibilities and legal obligations. The Wage and Hour Division is always available to provide information and guidance for anyone that needs assistance navigating the laws we enforce."

For more information about the FLSA, DBRA, CWHSSA, and other laws enforced by the Division, contact the Division's toll-free helpline at 866-4US-WAGE (487-9243) or visit the Division's web site. The Division also offers a search tool which allows users to determine if you are owed back wages collected by the Division.