Labor Department recovers more than $144K in back wages for 141 seasonal workers of Florida recreational services company that denied overtime

Employer:                                                     La Dolce Vita LLC

Subsidiary investigation sites:         LDV Golf Cart and Bike Rentals LLC

                                                                            La Dolce Vita LLC, operating as LDV Beach  

                                                                            196 N. Holiday Road, Miramar Beach, FL 32550

                                                                            La Dolce Vita Watersports LLC

                                                                            327 Harbor Blvd., Destin Harbor, FL 32541

                                                                            30A Woodworks Panama City LLC

                                                                            17616 Ashley Drive, Panama City Beach, FL 32413

Investigation findings: Investigators with the department’s Wage and Hour Division found the employer misapplied the seasonal amusement or recreational establishments’ exemption for its workers. La Dolce Vita paid some employees straight-time rates for all hours worked, while paying others on a day-rate basis with no overtime. By doing so, the employer failed to pay employees their additional half-time rates for hours worked over 40 in a workweek, a violation of the Fair Labor Standards Act.

The employer also misapplied a salary exemption for some managers who did not supervise employees, nor had hiring and firing authority, requirements under the FLSA to be able to claim the exemption.

Back Wages Recovered: $144,095 for 141 workers.

Quote: “Seasonal workers are often unaware – because of their short-term of employment – that their wages may be miscalculated. A misapplied exemption, like the one misused in this case, can deny workers of large sums of unpaid wages,” said Wage and Hour Division District Director Wildalí De Jesús in Orlando, Florida. “Situations like these can be avoided by employers by making sure their pay practices comply with federal law. We encourage employers and employees alike to contact us with their questions about wages and other pay issues.”

Background:  Unless exempt, employees covered by the act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. The division also offers online resources for employers, such as an overview of FLSA overtime provisions. Wage and Hour Division staff can answer questions – confidentially and in more than 200 languages – via its toll-free number, 1-866-4-US-WAGE. Learn more about Wage and Hour Division.

Workers who feel they may not be getting the wages they earned may contact a Wage and Hour Division representative in their state through a list and interactive online map on the agency’s website. Workers who feel they may have wages owed to them, may visit the agency’s database to see if they have wages waiting to be claimed. Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android Timesheet App for free, which is available in English and Spanish.