Wage and Hour Division (WHD)

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Archived News Release — Caution: Information may be out of date.

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NAMPA, Idaho -- Whispering Heights Landscape, Inc., of Nampa has paid $176,207 in back wages to 91 employees for violations of federal overtime laws, the U.S. Department of Labor reported today. Whispering Heights is a landscape contractor for new residential construction.

“This Administration is committed to ensuring that employees receive the wages they have earned,” said Secretary of Labor Elaine L. Chao. “In this case, $176,207 was recovered in back pay for these workers through the determined efforts of the department’s Wage and Hour Division.”

The department’s investigation found that the firm paid workers who performed general landscaping tasks straight time for all hours worked. The company believed its employees were exempt from the overtime requirement under the Fair Labor Standards Act (FLSA) agricultural exemption. However, the workers were not engaged in agriculture according to the regulations, and the exemption was not applicable.

Under the FLSA, employers are required to pay covered employees minimum wage and overtime compensation at the rate of one and a half times their regular rate of pay for hours worked over 40 in each workweek.

The investigation covered the period from Aug. 2, 2002, through July 31, 2004.

The Wage Hour Division recovered nearly $200 million in back wages in fiscal year (FY) 2004 for more than 288,000 workers. Average days to resolve a complaint decreased in FY 2004 from 108 days to 92 days.

For more information about the FLSA, call the Portland Wage and Hour Office at 503-326-3051 or the department’s toll-free help line at 1-866-4USWAGE (1-866-487-9243). Information is also available at www.wagehour.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.

Archived News Release — Caution: Information may be out of date.