Wage and Hour Division (WHD)

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HOUSTON, TX -- LifeGift Organ Donation Center of Houston, a not-for-profit organ procurement organization, has agreed to pay $376,728 in back overtime wages to 59 current and former employees following an investigation by the U.S. Department of Labor.

“This Administration is committed to helping workers seek justice and receive the wages they have earned,” said Secretary of Labor Elaine L. Chao. “In this case, $376,728 was recovered in back pay for these workers. Through the department’s determined efforts, nearly $200 million in back wages was recovered for workers last year.”

According to an investigation by the department’s Wage and Hour Division, the company misclassified certain workers as exempt from a Fair Labor Standards Act (FLSA) requirement to pay overtime compensation. The employees did not meet the requirements to qualify for the exemption. As a consequence, they were due overtime compensation for their hours worked in excess of 40 in a week.

The FLSA requires covered employees to be paid the minimum wage for all hours worked and time and one-half their regular rate of pay for hours worked over 40 per week. Employers must also maintain accurate time and payroll records.

The company has agreed to pay the back wages and comply with the FLSA in the future.

The Wage and Hour Division recovered nearly $200 million in back wages in fiscal year 2004 for more than 288,000 workers. Average days to resolve a complaint decreased in fiscal 2004 from 108 days to 92 days.

For more information about the FLSA, call the Department of Labor’s toll-free help line at 1-866-4USWAGE (1-866-487-9243) or contact the Houston district office at (713) 339-5500. Information is also available on the Internet at www.wagehour.dol.gov.

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U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.