Wage and Hour Division (WHD)

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SALT LAKE CITY -- T. J. Enterprises and Acoustical Inc., of Salt Lake City, doing business as T.J. Enterprises, has been assessed $39,270 in civil money penalties by the U.S. Department of Labor’s Wage and Hour Division alleging the company repeatedly and willfully violated the overtime provisions of the Fair Labor Standards Act (FLSA).

A 2004 investigation of T.J. Enterprises, a drywall and acoustical ceiling construction business, found a failure to pay overtime compensation to 84 employees. A total of $27,652 was found due when it was discovered the firm paid employees on a separate check for the overtime hours worked, calling the second check a bonus. Similar violations were found in a 2002 investigation of the company after which the employer agreed to comply with the law. The company recently completed payment on an installment basis of the initial back wages found due.

Dean A. Campbell, district director for the Wage and Hour Division in Salt Lake City, said that this penalty assessment sends a strong message to employers who violate the law and that the department is committed to vigorous enforcement.

“Employers must act responsibly and pay overtime to employees who are entitled to it. Employers may not make private agreements with employees to violate the rules,” Campbell said.

The investigation was conducted by the Wage and Hour Division’s district office at 150 East Social Hall Avenue, Suite 695, Salt Lake City, phone: (801) 524-5706. T.J. Enterprises has 15 days to file an exception to the assessment of the civil money penalty.

The FLSA, enforced by the U.S. Labor Department's Wage and Hour Division, requires covered employees to be paid the federal minimum wage and overtime for hours worked more than 40 in any workweek, unless otherwise exempt. It also sets limits on the employment of minors and requires employers to keep adequate time and payroll records.

The Wage and Hour Division concluded 31,987 compliance actions in fiscal year 2006 and recovered more than $171 million in back wages for more than 246,000 employees. Back-wage collections last year represent a 30 percent increase over back wages collected in fiscal year 2001. The number of workers receiving back wages has increased by 14 percent since fiscal year 2001.

For more information about the FLSA, call the Department of Labor’s toll-free help line at 1 (866) 4US-WAGE (487-9243). Information is also available on the internet at www.wagehour.dol.gov.

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