U.S. Department of Labor Investigation Results in Idaho Construction Contractor Paying $51,328 to 25 Employees to Resolve Overtime Violations

BOISE, ID – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Any Weather Exteriors LLC – a construction contractor based in Star, Idaho – will pay $51,328 in back wages and liquidated damages to 25 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found that Any Weather Exteriors LLC paid employees straight-time rates for all the hours that they worked and failed to pay them overtime when they worked more than 40 hours in a workweek. The employer also misclassified two employees as independent contractors, resulting in additional overtime violations when the employer failed to record the number of hours that they worked, and subsequently failed to pay them overtime. Any Weather Exteriors also violated FLSA recordkeeping requirements when it failed to maintain time and payroll records, and display required FLSA posters.

"Employers must comply with federal laws and ensure employees receive the wages they have rightfully earned," said Wage and Hour Division District Director Thomas Silva, in Portland, Oregon. "Simply because a practice may appear to be common in an industry doesn't mean that it's legal. The U.S. Department of Labor provides many tools to help employers understand their responsibilities to their employees and comply with the law. We encourage employers and employees alike to contact us for assistance. Violations like those found in this case can be avoided."

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 Division's toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/whd including a search tool for workers who may be owed back wages collected by WHD.