US Department of Labor recovers $132K in back wages, liquidated damages for workers; assesses penalties to Clearwater roofing contractor that denied overtime

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Employer:                              All Florida Weatherproofing & Construction Inc.

                                                4231 112th Terrace North

                                                Clearwater, FL 33762

Investigation findings: U.S. Department of Labor Wage and Hour Division investigators found a Clearwater roofing contractor of mobile and manufactured homes failed to pay overtime for hours worked over 40 in a workweek to 21 employees as required by the Fair Labor Standards Act. Specifically, the employer paid workers by the piece, but failed to pay the time-and-one-half rate for hours worked over 40. In addition, All Florida Weatherproofing did not include non-discretionary bonuses in the employees’ regular rate when computing overtime payments. The employer also failed to maintain time records outlining start and stop times for employees’ workdays.

An investigation concluded by the agency in 2019 found similar overtime violations. 

Back wages and liquidated damages recovered: The division recovered $132,400 in back wages and liquidated damages for 21 workers.

Civil money penalties assessed: The agency assessed the employer $8,463 in civil money penalties to address the repeat nature of the violations.                                                

Quote: “Paying workers by piece does not excuse an employer’s requirement to pay overtime when the employees work more than 40 hours in the workweek. All Florida Weatherproofing & Construction is well aware of their obligation after our agency found similar violation just four years ago,” explained Wage and Hour Division District Director Nicolas Ratmiroff in Tampa, Florida. “Once the workday begins, employers must count preparation work, travel time and principal work activities as hours worked. Employers and employees can reach out to us for help in understanding their obligations and rights under the law.”

Background: Employers can contact the Wage and Hour Division at its toll-free number, 1-866-4-US-WAGE. Learn more about the Wage and Hour Division, including the fact sheets that outline employers and employees obligations and rights in regard to overtime under the FLSA. Workers and employers alike can help track hours worked and pay by downloading the department’s Android and iOS timesheet app for free, available in English or Spanish.