Wage and Hour Division (WHD)

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NEW YORK, NY -- United Staffing Systems Inc., located at 261 Madison Ave., New York City, has paid 136 nurses a total of $53,072 in overtime back wages following an investigation by the U.S. Department of Labor into violations of the federal Fair Labor Standards Act (FLSA).

The investigation by the department’s Wage and Hour Division found that nurses, both RNs and LPNs, who worked for the temporary staffing firm, were not being paid properly for overtime hours when they worked at more than one health care establishment during the same week.

The FLSA requires that covered employees be paid at least the applicable minimum wage and time and one-half their regular rate of pay for hours worked over 40 per week. It also requires employers to keep accurate records of employees’ wages, hours and other conditions of employment.

“Our investigation showed,” said Philip Jacobson, New York City district director for the Wage and Hour Division, “that United Staffing’s computerized payroll system was not set up to track overtime hours worked when employees were sent to different temporary assignments within the same work week. It is incumbent upon employers to adhere to the requirements of the FLSA so that employees can count on being paid properly for all the hours they work in any given work week.”

After the problem was brought to the attention of management, United Staffing agreed to pay employees the back wages due and to correct their system to assure compliance in the future.

The investigation was conducted by the New York City District Office of the Labor Department’s Wage and Hour Division, which can be reached at 212-264-8185. Information on the requirements of the FLSA also may be obtained by calling the 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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