ORLANDO, FL – An Orlando landscaping employer will pay $48,978 in back wages to 39 workers after a federal investigation found the employer paid employees illegally for the hours that they worked.
U.S. Department of Labor Wage and Hour Division investigators determined Aaction Scape Inc. violated the Fair Labor Standards Act by incorrectly classifying workers as exempt from overtime requirements and paying them flat biweekly salaries, regardless of the number of hours they worked. By doing so, the employer failed to pay workers the additional half time required by the FLSA when they worked more than 40 hours in a workweek. In addition, the employer failed to keep a record of the number of hours the employees worked.
“Employers must understand that paying workers a salary does not excuse them automatically from paying them overtime,” said Wage and Hour Division District Director Wildalí De Jesús in Orlando, Florida. “These workers deserve to be paid all the wages they have earned. The U.S. Department of Labor encourages all employers to contact their nearest Wage and Hour Division office for assistance with understanding their responsibilities under the law.”
The division offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos and confidential calls to local Wage and Hour Division offices. Learn more about the FLSA. Contact the Wage and Hour Division toll-free at 866-4US-WAGE (487-9243) for more information.