Wage and Hour Division (WHD)

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WAYNE, NJ -- The U.S. Department of Labor today announced a settlement with a Wayne, N.J. company to pay 36 of its registered nurses $218,959 in overtime back pay for violations of the overtime requirements of the Fair Labor Standards Act (FLSA). The registered nurses were employed by CritiCare L.L.C. and assigned to work at area hospitals in New York and New Jersey.

"The Department is dedicated to ensuring that all workers who are entitled to overtime pay under the Fair Labor Standards Act receive their full wages," said Secretary of Labor Elaine L. Chao. "The nearly $219,000 in overtime back wages due to the nurses in this case were significant. This Administration has set new records for protecting workers' pay, benefits and safety, and today's action further demonstrates our commitment."

An investigation by the department's Wage and Hour Division disclosed that the registered nurses were paid straight time for hours worked over 40 in a workweek. The investigation further disclosed that the firm required the nurses to sign waivers that relieved the company of the obligation to pay them overtime.

The FLSA requires the payment of time and one-half an employee's regular rate of pay after 40 hours worked in a workweek. The language of the Act and controlling court decisions make clear that covered employees cannot waive their statutory right to overtime pay.

Once notified that the waivers were invalid, the company agreed to cooperate fully with the investigation, comply in the future, and pay back wages covering a two-year period of time.

The Employment Standards Administration 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 in FY 2002. Average days to resolve a complaint decreased in FY 2003 from 129 days to 108 days. WHD assessed employers nearly $10 million civil money penalties in FY 2003.

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

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