US Department of Labor recovers $154K in back wages, damages from Georgia plastics manufacturer that shortchanged 743 workers of full overtime

ATLANTA – The U.S. Department of Labor has recovered $154,009 in back wages and liquidated damages from an international plastics manufacturer that willfully failed to include bonus payments when calculating overtime for 743 workers.

The wage recovery ends an exhaustive effort, highlighted by a March 1, 2024, Office of Administrative Law Judges consent decree in which Primex Plastics Corporation agreed to pay the back wages and damages identified in an investigation by the department’s Wage and Hour Division. The decree also required the employer to pay $128,589 in civil money penalties to the department for the willful nature of the violations.

“Employers must pay qualified workers overtime for hours over 40 in a workweek and include non-discretionary bonuses, such as those based on attendance or on quality and accuracy of work, when calculating overtime wages,” explained Wage and Hour Division District Director Steven Salazar in Atlanta. “Our investigation found Primex Plastics Corp. left bonuses out of their overtime calculations and, in addition to being liable for more than $150,000 in wages and damages, the company paid significant penalties for their violations.” 

The action follows an examination of company records from June 27, 2020, through June 26, 2022, by division investigators. This is not the first time Primex Plastics’ pay practices have violated federal overtime regulations. In 2002, the division recovered $3,246 for two salaried workers legally owed overtime. In 2010 and 2011, the company failed to include bonuses in overtime calculations for hourly employees and material handlers incorrectly categorized as exempt from overtime, resulting in payment of $203,960 in back wages to 991 workers. 

“Despite receiving information from our investigators about how to comply during multiple investigations, Primex still failed to pay employees their lawfully owed wages correctly,” added Salazar. “In cases like this one, where employers repeatedly violate workers’ rights, the department will pursue additional penalties to hold employers accountable.”

Workers and employers can call the Wage and Hour Division confidentially with questions and the department can speak with callers in more than 200 languages. For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the division’s toll-free helpline at 866-4US-WAGE (487-9243). 

Learn more about the Wage and Hour Division, including bonuses under the Fair Labor Standards Act and a search tool to use if you think you may be owed back wages collected by the division. Download the agency’s new timesheet app for Android and iPhone devices for free to track work hours and pay.