Twenty-six Clark Cooper Painting employees will be receiving a share of $45,983 in back wages from their employer, which was found in violation of the Fair Labor Standards Act (FLSA) in a recent investigation by the Department of Labor's Wage and Hour Division (WHD). According to WHD representatives, employees were denied overtime wages as the result of employee misclassifications and the company also failed to keep accurate records of employee attendance.

Clark Cooper Painting was allegedly paying individuals as employees Monday through Friday, but compensated them as independent contractors for work performed on the weekends. Because of this switch, employees didn't receive the correct amount of overtime since they were paid on a piecemeal rate for the tasks performed as independent contractors.

The DOL has launched ongoing efforts to prevent these types of violations because they deny employees rightfully earned payments and prevent workers from getting benefits, such as medical leave, unemployment insurance and minimum wage.

"The Wage and Hour Division is vigorously pursuing corrective action in those situations when workers are, in fact, employees, to ensure that they are paid required wages and to level the playing field for employers who play by the rules," said Michael Young, the director of the Jacksonville District Office's Wage and Hour Division. 

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