Kentucky Contractor to Pay $92,979 for Wages Violations Found in U.S. Department of Labor Investigation

LOUISVILLE, KY – Following a U.S. Department of Labor Wage and Hour Division (WHD) investigation, Henson Construction LLC – a commercial contractor based in Louisville, Kentucky – will pay $92,979 in back wages to 10 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found the employer paid overtime-eligible managers flat salaries without regard to the number of hours that they actually worked. As a result, the employer violated the FLSA by failing to pay overtime in addition to their managing superintendents’ salaries when they worked more than 40 hours in a workweek. WHD also found the employer failed to maintain accurate records of the hours employees worked, a federal recordkeeping violation.

“The U.S. Department of Labor encourages all employers to review their pay practices and contact the Wage and Hour Division for compliance assistance,” said Wage and Hour Division District Director Karen Garnett, in Louisville, Kentucky. “By doing so, employers can ensure all employees are paid properly and avoid violations like those found in this case.”

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos, confidential calls, or in-person visits to local WHD offices.

For more information about the FLSA and other laws enforced by the WHD, 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.
WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the Nation's workforce. WHD enforces Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the FLSA. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to Federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.