Following a recent investigation by the Department of Labor's Wage and Hour Division, the Marengo County Detention Center in Linden, Alabama, tendered employees $92,261 for unpaid overtime and $11,726 for lost wages. The calculated back pay stems from violations of the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), which guarantee workers basic labor rights.
"Employers, including public employers, are legally obligated to pay workers proper wages for all hours worked and ensure that they can take appropriate leave when a medical emergency arises," said Kenneth Stripling, director of the Gulf Coast Wage and Hour Division District Office, in a recent press release. "Hardworking employees who keep our communities safe deserve every dime they earn."
In this particular circumstance, one employee was terminated after taking leave time for circumstances that should have been covered by the FMLA. At the same time, employees were not receiving pay for overtime
employee attendance.
The FLSA includes provisions for certain work environments, including corrections officers. Employers are not required to follow the 40-hour-per-week pay schedule and can instead calculate work periods based on 7- to 28-day spans. However, they must pay employees time-and-a-half when they work more than 86 hours during a 14-day time frame. In the Marengo County Detention Center, employees' time and attendance exceeded 96 hours and they did not receive any extra pay.
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