Wage and Hour Division (WHD)

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ATLANTA --

The U.S. Labor Department has recovered $124,790 in back overtime wages for 63 employees of Lawrenceville, Ga.-based Adan Painting after the Wage and Hour Division determined the company had violated the Fair Labor Standards Act (FLSA).

“The company had incorrectly classified these workers as independent contractors,” said Wayne Kotowski, Wage and Hour’s Atlanta assistant district director.

Kotowski explained that the degree of control, nature of the work and manner in which work is performed are factors that determine whether a worker is considered an independent contractor or an hourly employee.

Wage and Hour investigators found that the 63 employees were not exempt from the FLSA and should have been paid at an overtime rate when they worked more than 40 hours in a work week from January 2004 to January 2006.

The company cooperated with investigators and agreed to pay the back wages and fully comply with the law in the future.

Employees covered by the FLSA must be paid one-and-one-half times their regular rate of pay for hours worked over 40 in a single work week. Employers must also maintain accurate records of employees’ wages, hours and other conditions of employment.

For more information about job classification, the FLSA and other laws administered by the Wage and Hour Division, call the department’s toll-free help line at 1-866-4USWAGE (1-866-487-9243); visit the Internet at www.wagehour.dol.gov; or contact the Atlanta Wage and Hour Division office located at 61 Forsyth St., S.W., Room 7M10; phone: (404) 893-4600.

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