Virginia childcare center under investigation by the DOL

Rainbow Riders Childcare Center in Blacksburg, Virginia, recently came under investigation by the U.S. Department of Labor's Wage and Hour Division for unpaid overtime employee attendance. The center has been flagged by the DOL before.

"Childcare centers have been targeted for inspection for compliance issues and we understand that other centers in Blacksburg are being visited in coming days," the daycare's administrator Kristi Snyder said in a letter to employees, as reported by the Roanoke Times. Snyder said the violations stemmed from the official definition of a teacher.

Child care service providers should be careful not to misclassify workers under job titles that don't describe their actual job duties, according to Ireland Stapleton. The provider should especially be careful when classifying teachers as exempt employees, thus making them ineligible for minimum wage and overtime pay  because the Fair Labor  Standard Act has a very narrow definition of the job title, the source reports.

If the Wage and Hour Division investigates an employer and finds they have incorrectly classified workers, it may be liable for back wages from two to three years prior. The center has not yet been charged or fined and they say they are complying with investigators.