U.S. Department of Labor Investigation Results in Concrete Finishing Company Paying $24,015 in Back Wages and Liquidated Damages

SEMINARY, MS – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), JLB Development LLC – based in Seminary, Mississippi – has paid $24,015 in back wages and liquidated damages to 25 employees for violating the overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

WHD investigators determined the concrete finishing company violated the FLSA’s overtime requirement when it inaccurately classified employees as independent contractors, and paid them a flat day rate regardless of the number of hours they worked. This practice resulted in violations when these employees worked more than 40 hours in a week, but the employer did not pay them overtime. Investigators also found the employer failed to keep accurate records of the number of hours these employees worked, violating the recordkeeping requirements of the FLSA.

“Employers are obligated to pay their employees the wages they have legally earned,” said Wage and Hour Division District Director Audrey Hall, in Jackson, Mississippi. “Even if employees are paid flat rates, or on salaries, they are typically still due overtime when they work more than 40 hours in a week. The outcome of this investigation serves as a reminder to all employers to review their pay practices to confirm that employees are being paid as the law requires. We encourage employers to reach out to us at any time for information about how to comply with the law.”

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). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/whd.