US Department of Labor recovers $103K in back wages for 38 workers misclassified as independent contractors by Texas landscaping company

DALLAS – The U.S. Department of Labor has recovered $103,665 in back wages for 38 workers employed by a Southlake landscaping company that misclassified them as independent contractors and, by doing so, denied them overtime pay.

The department’s Wage and Hour Division determined J.P. Above & Beyond Landscaping’s violations of the Fair Labor Standards Act included failing to pay overtime at time and one-half an employee’s rate of pay for hours over 40 in a workweek and not keeping accurate records.

“Misclassifying employees as independent contractors is a serious problem that deprives workers of their hard-earned wages, benefits and protections,” said Wage and Hour Division District Director Jesus A. Valdez in Dallas. “J.P. Above & Beyond Landscaping has learned there are costly consequences for their violations. We encourage all employers to use our online tools or contact us to better understand laws governing their pay practices.”

Based in Southlake, J.P. Above & Beyond Landscaping provides lawn maintenance, landscaping, tree and bush trimming, flower and mulch installation, sod installation, leaf cleanup and irrigation repair services. 

Workers can use the Wage and Hour Division’s Workers Owed Wages search tool to check if they are owed back wages collected by the division. Employers and workers can contact the division confidentially for help at its toll-free number, 1-866-4-US-WAGE (487-9243), regardless of where they are from. The division can speak with callers in more than 200 languages. Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android and iOS Timesheet App for free in English or Spanish.