The US Department of Labor Recovers More Than $1 Million
The US Department of Labor has obtained a consent judgment in federal court ordering Bowlin Group LLC and Bowlin Services LLC to pay 196 employees a total of $1,075,000 in back wages and liquid damages. The judgment resolves a Labor Department investigation conducted by the Wage and Hour Division which found that the defendants misclassified 77 employees as independent contractors and violated the Fair Labor Standards Act (FLSA) by denying those workers and others overtime and by failing to maintain accurate payroll records. The agency’s investigation found that all nonexempt employees, regardless of their classification by the employer as either an employee or independent contractor, were paid upon the pieces of equipment they installed rather than at an hourly rate. The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers also must maintain accurate time and payroll records. The FLSA provides that employers who violate the law are liable to employees for their back wages and an equal amount in liquid damages. Liquid damages are paid directly to the affected employees.
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602