CHARLOTTE COUNTY, Fla. — Investigators of the U.S. Department of Labor Wage and Hour Division found that 59 Port Charlotte employees were not paid for overtime totaling over $175,000 that the department had to recover.
Investigators found that the employer did not pay overtime to non-exempt workers for over 40 hours in a work week, which is a violation of the Fair Labor Standards Act.
The Divison also found that the Pest Eliminators deducted time from the worker's hours for lunch breaks when employees were not taking breaks.
Commissions in the regular rate, when factoring in the overtime rate, resulted in Pest Eliminators paying overtime rates lower than the law requires.
The back wages that have been recovered and liquidated are $175,587 for the 59 employees.
“Many employers are under the misconception that salaried employees are not entitled to overtime pay. When companies like Pest Eliminators get it wrong, the outcome could become costly. Employers who fail to comply and continue to pay workers less than they have earned can quickly find themselves struggling to maintain the workforce needed to stay in business.”
Employers can contact the Wage and Hour Division at 1-800-487-9243. There are also online resources here.