Wage and Hour Division (WHD)

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MIAMI -- TFV Properties Ltd., which operates a Holiday Inn and Denny’s Restaurant in Lauderdale-By-The-Sea, Fla., has paid $21,628 in back wages and penalties following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

The company paid $11,390 in back wages to 96 employees and was fined an additional $10,238 for repeat violations of the Fair Labor Standards Act (FLSA). The Wage and Hour Division has conducted three investigations of this company, including this one, since 1989.

“Employees covered by the FLSA must be paid for all actual hours worked and be paid overtime when they work more than 40 hours a week,” said Juan Coria, assistant director of the Wage and Hour Division’s Miami District Office.

Wage and Hour investigators found that, between June 2004 and June 2006, TFV Properties regularly deducted a half-hour meal break from employees’ daily work hours regardless of whether the employees actually took the break. This practice resulted in employees losing pay for actual hours worked as well as overtime payments when they worked more than 40 hours in a week.

The FLSA requires that covered employees be paid at least the minimum wage for all hours worked and time and one-half their regular rates of pay for hours worked over 40 per week. In general, “hours worked” include all time an employee must be on duty, on the employer’s premises or at any other prescribed place of work, as well as any additional time the employee is allowed to work. Employers must also maintain accurate time and payroll records of hours actually worked by employees.

For more information about the FLSA, call the department’s toll-free help line at (866) 4US-WAGE (487-9243); visit the Internet at www.wagehour.dol.gov; or contact the Wage and Hour Division office in Miami, 10300 Sunset Drive (Sunset Center), Room 255; telephone (305) 596-9874.

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