These charges were paid to ten employees, in order to resolve violations of federal overtime requirements. WHD also assessed a $4,652 civil money penalty due to the willful nature of the violation.
WHD investigators found that the auto repair shop violated the overtime requirements of the Fair Labor Standards Act (FLSA) when it paid employees off the books, in cash, at their straight-time rates for hours they worked beyond 40 in a workweek. Leschak made these payments to workers, in separate envelopes containing the cash, apart from payment for their first 40 hours of work each workweek. The FLSA requires employers to pay workers one and one-half times their regular rates of pay for overtime hours.
"Employers that pay employees less than they are legally due, shortchange their workers, and gain an unfair advantage over competitors that abide by the law," said John DuMont, wage and hour division district director, in Pittsburgh, Pennsylvania. "The U.S. Department of Labor will take appropriate steps to enforce the law to ensure that employers pay their employees the wages they have earned. We encourage all employers to reach out to us for guidance so that violations like those, in this case, can be avoided."
The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos, confidential calls, or in-person visits to local WHD offices.
For more information about the FLSA and other federal wage laws, call the Division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at https://www.dol.gov/whd/. Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program.