Following an investigation by the U.S. Department of Labor's Wage and Hour Division, Bierlein Cos. has agreed to pay 147 workers back wages for recordkeeping violations of the Fair Labor Standards Act (FLSA) that resulted in unpaid overtime. Workers will receive $216,906 for back wages and liquidated damages.
According to the division's investigation, the demolition contracting company failed to pay employees for time spent traveling to and from job sites as well as training time. The unrecorded
employee attendance pushed the employees' hours worked past 40 in a single week, thus resulting in overtime.
"Employers are legally obligated to maintain accurate records and pay for all hours worked, including overtime when employees work more than 40 hours in a week," said Sandra Sanders, the Nashville director of the Wage and Hour Division.
Sanders suggests the other employers in the construction industry take notice of this company's violation when updating or implementing a payroll processing service. Employers can now use portable timeclocks that allow workers to punch in and out on the jobsite to avoid costly FLSA violations or downloadable mobile applications that enable employees to track their own time when they're on-the-go.
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