Arlington, Texas-based Espitia Cleaning was recently investigated by the U.S. Department of Labor's Wage and Hour Division and agreed to pay 130 employees $53,095 in back wages for unpaid overtime. The employer was not keeping accurate records of
employee attendance, the investigation revealed, and workers were not receiving premium pay for their additional work time.
The Fair Labor Standards Act (FLSA) establishes that guards, janitors and maintenance workers, such as those employed by the cleaning company, are guaranteed basic labor rights, including overtime pay and minimum wage. This means employers must compensate employees one-and-a-half times their regular pay rate if they work more than 40 hours in a week.
"These employees did not receive proper wages for all hours worked," said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. "Janitorial workers are among the lowest paid employees in the nation, and this employer profited by failing to pay overtime compensation."
The Department of Labor actively seeks out businesses that are not paying employees the wages they deserve to ensure they do not gain a competitive advantage over compliant companies. To prevent future violations, cleaning businesses can use a remote
timeclock to measure
time attendance on site in tandem with a payroll processing system that alerts them when workers are approaching overtime.
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