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ESA News Release: [08/01/2006]
Contact Name: Dan Fuqua
Phone Number: (404) 562-2078
Release Number: 06-1282-ATL

BMW Agrees to Pay $629,000 in Back Wages for 1,224 Workers at South Carolina Assembly Plant

SPARTANBURG, S.C. — The U.S. Department of Labor today announced a complaint and consent judgment with BMW which calls for payment of $629,869 in overtime back wages to 1,224 workers in Spartanburg, S.C. The suit was based on an investigation by the department's Wage and Hour Division into violations of the Fair Labor Standards Act (FLSA).

"This administration is committed to ensuring that workers are paid all the wages they have earned," said Secretary of Labor Elaine L. Chao. "I am pleased that as a result of the department's investigation, BMW has agreed to pay these South Carolina workers over $629,000 in back wages and is taking steps to make sure they are properly compensated in the future."

According to the department's litigation, the company failed to pay automobile body and paint shop workers for time spent putting on (donning) and taking off (doffing) required safety gear and for time spent walking to and from work stations. This practice resulted in uncompensated overtime hours. The period covered in this judgment is between April 2003 and March 2006.

BMW cooperated with the department's investigation and agreed to the entry of the judgment which has been approved by the U.S. District Court in Spartanburg. The company agreed to pay the back wages due and comply with the provisions of the FLSA in the future. The back wages are to be paid within 90 days.

The FLSA requires that covered workers be paid at least the federal minimum wage for all hours worked and time and one-half their regular rate of pay for all hours worked over 40 in a single work week, unless otherwise exempt. It also requires employers to maintain accurate records of employees' wages, hours and other conditions of employment.

For more information about the FLSA and other laws administered by the Wage and Hour Division, call the department's toll-free help line at (866) 4USWAGE (1-866-487-9243); visit the Internet at www.wagehour.dol.gov; or contact the Columbia, S.C., Wage and Hour Division office located in the Strom Thurmond Federal Building, 1835 Assembly St., Room 1072; phone: (803) 765-5981.

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