Wage and Hour Division (WHD)

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PUEBLO -- Forba LLC., doing business as Small Smiles Dental, Pueblo, Colo. has agreed to pay $343,479 in overtime back wages to 523 employees following an investigation by the U.S. Department of Labor’s Wage and Hour Division. The Pueblo-based firm operates 27 children’s dentistry offices in Colorado and nine other states including Arizona, Georgia, Idaho, Indiana, Massachusetts, New Mexico, New York, Ohio and South Carolina.

“This investigation reflects the Labor Department’s commitment to ensure that employees receive the full wages they have earned,” said Alex Salaiz, Wage and Hour Division district director in Denver. “Employers must make sure they pay their employees for all hours worked and that the exemptions allowed under the regulations are properly applied.”

The employer violated the Fair Labor Standards Act (FLSA) by failing to pay for all hours worked and by erroneously classifying non-professional employees and clerical staff as exempt from overtime.

The company agreed to future compliance and payment of all back wages.

Enforced by the Wage and Hour Division, the FLSA requires that employers pay covered workers at least the federal minimum wage for all hours worked and time and one-half their regular rate of pay for hours worked more than 40 in a single workweek. Employers also must maintain adequate and accurate records of employees’ wages, hours and other conditions of employment.

For more information about the FLSA, call the Department of Labor's toll-free help line at 1 (866) 4US-WAGE (487-9243) or contact the Denver District Office at (720) 264-3250. Information is also available on the Internet at www.dol.gov/esa/whd.

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