Wage and Hour Division (WHD)

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WICHITA, KAN. -- COMCARE of Sedgwick County has paid 51 employees $139,866 in back wages as a result of violations of the overtime requirements of the Fair Labor Standards Act (FLSA), the U.S. Department of Labor announced today.

“Both today’s action and our new Overtime Security rules reflect our commitment to protecting overtime rights,” said Secretary of Labor Elaine L. Chao. “These employees weren’t receiving their rightful pay, and we took action to restore $139,866 to these workers. Overtime rights will be further strengthened by our new Overtime Security rules, which will increase pay protections for millions of workers by updating and clarifying the old regulations.”

The Labor Department’s Wage and Hour Division investigated COMCARE, a community support services agency, from May 5, 2002 through May 1, 2004. The investigation found that the agency’s Case Managers, who were paid hourly, were not paid for all work hours including pre- and post-shift work-related assignments. This time was not considered hours worked and recorded on the payroll records.

The FLSA requires that covered workers be paid at least the federal minimum wage and one-and one-half times their regular rates of pay for all hours worked over 40 in a single workweek. The law also requires employers to maintain adequate and accurate records of employees' wages and hours worked.

The Wage and Hour Division (WHD) recovered more than $212 million in back wages in fiscal year (FY) 2003, a 21 percent increase over the record setting amount of FY 2002. Average days to resolve a complaint decreased in FY 2003 from 129 days to 108 days. WHD assessed employers nearly $10 million in civil money penalties in FY 2003.

For more information about the requirements of FLSA, call the Labor Department’s toll-free help line at 1-866-4USWAGE (1-866-487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

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