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ESA News Release: [07/17/2007]
Contact Name: Roger Gayman
Phone Number: (415) 625-2631
Release Number: 07-0915-SAN

Las Vegas construction company to pay nearly $1.2 million in back wages to 1,060 workers following U.S. Labor Department investigation

SAN FRANCISCO — Desert Plastering, a Las Vegas plastering and masonry company, has agreed to pay $1,147,921 in back wages to 1,060 current and former employees following an investigation by the U.S. Department of Labor's Wage and Hour Division. Investigators found that the lathers, finishers, plasterers and estimators who worked as many as 58 hours a week did not receive overtime pay. Desert Plastering also failed to properly record the hours of work for these employees, who will receive back wage payments for work performed between April 2005 and March 2007. The company is owned by Javier Rodriguez and Manuel Rodriguez, both of Las Vegas.

"Employers have a fundamental obligation to pay workers all the wages they have earned and they can count on hearing from this department when they fail to do so," said U.S. Secretary of Labor Elaine L. Chao. "In this case, we are recovering nearly $1.2 million dollars for more than 1,000 workers and the employer is on notice to properly compensate workers in the future."

The Fair Labor Standards Act (FLSA) requires that covered employees be paid at least the federal minimum wage and receive overtime at one and one-half times their regular rates of pay for hours worked more than 40 per week. Employers must also maintain accurate time and payroll records.

The Wage and Hour Division's office in Las Vegas became aware of the employer's pay practice through the Employment Education and Outreach (EMPLEO) initiative. EMPLEO is a joint effort among local business and community organizations, state and federal government agencies, and the Consulate of Mexico in Las Vegas to help Spanish-speaking workers and employers understand federal and state workplace rights and responsibilities. Partners in EMPLEO, which include the Wage and Hour Division, have established a local toll-free helpline, (800) 289-1331. Callers are assisted by volunteers who refer them to the appropriate EMPLEO partner for assistance.

The Wage and Hour Division offers a Web site, www.wagehour.dol.gov, to help employers. The site provides more information about the FLSA and an online tool for determining overtime eligibility — the elaws FLSA Overtime Security Advisor — at www.dol.gov/elaws/overtime.htm. For additional information about the FLSA, call the Wage and Hour Division's office in Las Vegas at (702) 388-6001 or the Department of Labor's toll-free helpline at (866) 4US-WAGE (487-9243).

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