Wage and Hour Division (WHD)

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WACO, Texas -- The U.S. Department of Labor today announced the filing of a lawsuit against Francisco Gonzales and his company, Gonzales Concrete Construction of Waco, for allegedly failing to pay construction laborers and local drivers overtime pay as required by the Fair Labor Standards Act (FLSA). Civil money penalties totaling $56,540 have also been assessed.

The complaint was filed in U. S. District Court for the Western District of Texas, Waco Division. The lawsuit resulted from an investigation by the department’s Wage and Hour Division in Dallas, which found overtime and recordkeeping violations of the FLSA.

“Gonzales Concrete Construction paid its employees either a day rate or a straight hourly rate without overtime compensation for hours worked over 40 in a workweek,” said Cynthia Watson, Wage and Hour Division southwest regional administrator. “Employees are entitled to receive the overtime wages they earn. In this case, $91,241 is due to 49 workers.”

The investigation covered the two-year period July 12, 2003 to July 9, 2005. The Wage and Hour Division determined that Gonzales Concrete Construction, which provides services for commercial and residential customers, had violated the FLSA by not properly paying employees overtime wages equal to one and one-half times their regular rate of pay for the hours worked more than 40 per week. The company also failed to keep required records.

The FLSA requires that covered employees be paid at least the minimum wage of $5.15 per hour for all hours worked, plus time and one-half their regular rate of pay for hours worked more than 40 per week, unless otherwise exempt. Employers must also maintain accurate time and payroll records.

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) 4US-WAGE (487-9243) or contact Wage and Hour’s Dallas district office at (817) 861-2150. Information is also available on the Internet at www.wagehour.dol.gov.

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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.