Wage and Hour Division (WHD)

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ALBUQUERQUE, N.M. -- Mesa Detection Agency Inc. in Albuquerque has agreed to pay $102,831 in back wages after an investigation by the U.S. Department of Labor’s Wage and Hour Division found that 177 current and former security guards had not been paid properly.

“Employees are entitled to the wages they have earned,” said Cynthia Watson, Wage and Hour regional administrator in Dallas. “The company failed to pay overtime for hours worked over 40. This is illegal.”

The investigation, covering the period Sept. 19, 2004 to Aug. 31, 2006, found that the company paid straight time for all hours worked and made improper deductions, reducing employee pay below the minimum wage, violating the provisions of the Fair Labor Standards Act (FLSA).

The FLSA requires covered employees to be paid the minimum wage of $5.15 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.

Mesa Detection Agency, which provides security services to downtown locations, cooperated with the investigation and has agreed to comply with the FLSA in the future. Back wages will be paid in full by December 2006.

The Wage and Hour Division concluded 34,858 compliance actions in fiscal year 2005 and recovered more than $166 million in back wages for more than 241,000 employees. Back-wage collections last year represent a 26 percent increase over back wages collected in fiscal year 2001. The number of workers receiving back wages has increased by 11 percent since fiscal year 2001.

For more information about FLSA, call the Wage and Hour Division’s Albuquerque district office at (505) 245-2142 or the Labor Department’s toll-free help line at 1-866-4USWAGE (1-866-487-9243.) 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.