Wage and Hour Division (WHD)

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BOSTON -- Plate and Patch Corp., a construction company based in Worcester, Mass., has paid $90,000 in back wages and penalties as the result of an investigation by the U.S. Labor Department of Labor's Wage and Hour Division.

According to Corey Surett, Massachusetts District Director for the Wage and Hour Division, the company, which specializes in roadway repairs, was charged with failing to pay proper overtime wages to drivers, laborers and mechanics from November 1998 to November 2000.

"Our investigation found that, regardless of the number of hours worked, all overtime hours were paid at straight time and categorized as 'travel pay,'" said Surett. He noted that the federal Fair Labor Standards Act (FLSA) requires that covered workers be paid one-and-one-half times their regular rates of pay for all hours worked over 40 in a single work week.

Surett said the company also failed to maintain adequate and accurate records of the hours worked by employees as required under the law. The record-keeping violation required extensive reconstruction of the hours worked for back wage purposes, and a total of $75,448 in back overtime was found due to 89 employees. In addition, the company was assessed a civil money penalty of $14,551 for a willful violation of the law.

As of January 2002, Surett noted that Plate and Patch Corp. had paid all amounts due. The company has also agreed to comply with all requirements of the FLSA in the future.

For more information on federal overtime pay laws, call the Department of Labor's toll-free help line at 1-866-4USWAGE (1-866-487-9243) or contact the Boston district office at 617-624-6700. Information is also available on the Internet at www.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.