Houston Contractor Pays Back Wages After U.S. Department of Labor Investigation Finds Overtime Violations

HOUSTON, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), D & V Painting Services – based in Houston, Texas – has paid $67,363 in back wages for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD found D & V Painting Services misclassified employees as independent contractors. As a result, the employer violated the FLSA when it failed to pay those employees overtime when they worked more than 40 hours in a workweek. The law requires employers to pay time-and-one-half an employee’s regular rate of pay for hours the employee works over 40. Additionally, the employer failed to maintain complete and accurate pay and time records as required by law.

“Misclassifying employees as independent contractors can result in employers paying workers less than they have legally earned, and can create an economic disadvantage for employers that play by the rules,” said Wage and Hour Division District Director Robin Mallett, in Houston, Texas. “This case should serve as a learning opportunity for other employers to review their pay practices to ensure they comply with federal law.”

Employers that 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 Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/agencies/whd including a search tool for workers who may be owed back wages collected by the division.

The mission of WHD 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 Fair Labor Standards Act. 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 McNamara-O'Hara 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.