Wage and Hour Division (WHD)

Printer-Friendly Version

Press Releases

PITTSBURGH -- Wheelabrator Air Pollution Control Inc. will pay $111,414 to 33 of its designers after a U.S. Department of Labor investigation discovered overtime violations of the Fair Labor Standards Act (FLSA). The Pittsburgh engineering company designs specialized pollution control units.

The investigation, conducted by the department’s Wage and Hour Division district office in Pittsburgh, revealed that from June 2005 to June 2007 the company paid designers straight time for hours worked in excess of 40 per week.

“The company thought the designers were exempt from the FLSA and therefore not due overtime,” said District Director John DuMont. “It’s important that employers fully understand their obligations under the law to ensure that all employees are paid properly.”

After the Wage and Hour Division explained the law’s requirements, the company agreed to pay all back wages owed the employees and to comply in the future.

The FLSA requires covered nonexempt employees to be paid the federal minimum wage for all hours worked and time and one-half their regular rates of pay for hours worked more than 40 in a week. In addition, nonexempt employees who are paid commissions or salaries must receive at least the minimum wage and overtime premiums, just as employees who are paid by the hour or by the piece are paid. Employers must also maintain accurate time and payroll records.

The FLSA provides an exemption from both minimum wage and overtime pay for bona fide executive, administrative, professional and outside sales employees. To qualify for exemption, employees generally must meet certain job duty and salary tests. Information about the current exemption for white collar executive, administrative, and professional employees can be found on the Internet at www.dol.gov/fairpay.

Effective July 24, 2007, the federal minimum wage for covered nonexempt employees will be $5.85 per hour. The minimum wage will increase to $6.55 per hour effective July 24, 2008, and to $7.25 per hour effective July 24, 2009. For more information about the FLSA, call the Department of Labor’s toll-free helpline at (866) 4US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

###

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.