Wage and Hour Division (WHD)

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WAYNESVILLE, Ohio. --

The U.S. Department of Labor announced today that Miami Valley Construction Enterprises Inc. has agreed to pay $74,944 in overtime back wages to 76 workers for violations of the Fair Labor Standards Act (FLSA), following an investigation by the department’s Wage and Hour Division.

“This case involves workers who put in long hours on the job and deserve to be paid what the law demands,” said George Victory, district director for the Wage and Hour Division office in Columbus, Ohio. “Miami Valley Construction has assured us they will comply with the wage and hour requirements of the FLSA in the future.”

The investigation uncovered violations of the law’s overtime pay provisions due to an incorrect classification of workers as independent contractors. Victory explained that the degree of control, nature of the work and manner in which work is performed are factors that determine whether a worker is considered an independent contractor or an employee.

The FLSA requires covered employees be paid the federal minimum wage for all hours worked and time and one-half their regular rate of pay for hours worked over 40 in a single week. Employers must also maintain accurate time and payroll records.

For more information, call the U.S. Department of Labor’s toll-free help line at 1 (866) 4US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov. Information about the current exemption for white-collar executive, administrative and professional employees can be found on the Internet at www.dol.gov/fairpay.

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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.