Wage and Hour Division (WHD)

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SHERIDAN, Wyo. -- EMIT Technologies Inc. in Sheridan has paid $79,641 in overtime back wages to 10 employees following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

The manufacturer and installer of electronic equipment violated the overtime provision of the Fair Labor Standards Act (FLSA) by failing to pay nonexempt salaried workers overtime pay and not including incentive pay into the regular rate of pay when overtime was calculated. The company agreed to future compliance and payment of all back wages found due.

“The Labor Department is committed to protecting the overtime rights of workers and ensuring that workers receive the full wages to which they are legally entitled,” said Dean A. Campbell, director of the Wage and Hour Division’s district office in Salt Lake City.

The FLSA, enforced by the Wage and Hour Division, requires that covered workers be paid at least the federal minimum wage, currently $5.85 per hour, for all hours worked. It also requires that workers be paid time and one-half their regular rates of pay for hours worked over 40 in a single workweek and that employers maintain adequate and accurate records of employees’ wages, hours and other conditions of employment.

The law provides an exemption for bona fide executive, administrative, professional and outside sales employees. Employers must make sure that they properly classify employees as exempt. Paying a salary satisfies only one criterion. An employee also must meet duty tests before he or she can be claimed as exempt from overtime. Additionally, employers must properly calculate an employee’s regular rate of pay, or the overtime premium will not be computed properly.

The Wage and Hour Division concluded 30,467 compliance actions and recovered a record $220 million in back wages for more than 341,000 employees in fiscal year 2007. Back-wage collections in fiscal year 2007 represent a 67 percent increase over back wages collected in fiscal year 2001. The number of workers receiving back wages has increased by 58 percent since fiscal year 2001.

For more information about the FLSA, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243) or contact the division’s district office in Salt Lake City, Utah, at 801-524-5706. Information is also available on the Internet at www.wagehour.dol.gov. Information about the FLSA exemption for bona fide executive, administrative, professional and outside sales employees can be found at www.dol.gov/fairpay.

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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.