The United States Department of Labor (DOL) recently announced that it obtained a total of $305,000 from a New England agricultural operation for underpaying its workers for their time and attendance. Chang & Sons Enterprises, a Whately​, Massachussetts-based grower and seller of bean sprouts and soy beans, and Sidney Chang, were investigated by the Wage and Hour Division and foudn in violation of the FLSA.

"This order is a clear message to this and other employers that disregarding the basic rights of vulnerable, low-wage workers will cost you more than if you'd paid your workers properly in the first place," said George Rioux, director of the WHD's Boston district office. "Employers who underpay their workers are hurting not just their employees. They are also undercutting other employers who willingly choose to obey the law."

Investigators found the company's employees were sometimes working more than 90 hours a week, but received a flat salary of $350 to $450 per week for planting, harvesting and preparing the produce for distribution. Paying employees a flat weekly wage that resembles a salary does not qualify for compliant pay under the FLSA. Employers are obligated to pay covered employees at least minimum wage (currently $7.25 an hour) for all of their time attendance in addition to one-and-a-half times their standard rate for working more than 40 hours in a single week.

The 14 employees who were affected by the underpayment will split $152,750 in back wages and another $152,750 in liquidated damages.

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