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EagleView Technologies Inc. erroneously classified employees as exempt from overtime pay

Employer name:                   Pictometry International Corp., doing business as EagleView Technologies Inc., 25 Methodist Hill Drive, Rochester, N.Y. 14623

Investigation findings:          The U.S. Department of Labor’s Wage and Hour Division, Syracuse Area Office found the provider of technological services, such as aerial imagery and data analytics, classified 57 employees at its Rochester, New York, facility erroneously as administratively exempt from receiving overtime wages under the Fair Labor Standards Act. The company also failed to keep time records for these individuals and did not include a non-discretionary yearly bonus in calculating employees’ overtime pay rates.

Back Wages Paid:                 $319,141 to 57 employees.

Background:                          Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the department’s regulations.

Quote:                                    “Employers must understand they are responsible to pay all employees correctly for all the hours they work; failure to do so deprives employees of the wages they’ve earned,” said Wage and Hour Division Assistant District Director John Steves in Syracuse. “The U.S. Department of Labor provides numerous tools to help employers comply with the law, and we encourage employers and employees alike to contact us for assistance.”

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