U.S. Department of Labor Investigation Results in San Diego Window Company Paying $45,257 to Resolve Overtime Violations

SAN DIEGO, CA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Window Restoration Acquisition Corp. – based in Los Alamitos, California – has paid $45,257 in back wages and liquidated damages to seven employees for violating the overtime provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found the employer – operating as Window Restoration and Repair – failed to pay technicians overtime when they worked more than 40 hours in a week. Specifically, investigators found the employer failed to include work time employees spent loading and unloading materials, and driving between job sites when determining when overtime was due. Only hours at customers’ job sites had been counted for overtime purposes. Window Restoration Acquisition Corp. also failed to include bonuses paid to lead technicians when calculating their overtime rates, resulting in payment at rates lower than those required by law. The employer also violated FLSA record-keeping requirements for failing to keep accurate time records of hours actually worked.

“Employers are responsible for paying employees for all the hours they work, and for tracking those hours accurately to determine when overtime is due,” said Wage and Hour Division District Director Rodolfo Cortez, in San Diego. “This resolution serves as an opportunity for other employers to examine their pay practices, and to make sure they comply with the law. The U.S. Department of Labor provides many tools to help employers understand their responsibilities. Violations like these can be avoided.”

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). 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 www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by WHD.