Employer: Pest Eliminators Inc.
Investigation site: 3314 Harbor Blvd., Unit B
Port Charlotte, FL 33952
Investigation findings: U.S. Department of Labor Wage and Hour Division investigators found the employer failed to pay an overtime rate to non-exempt workers for hours over 40 in a workweek, a violation of the Fair Labor Standards Act. The division also found Pest Eliminators deducted time from workers’ hours for lunch breaks, even though some employees did not take the break. In addition, the employer failed to include commissions in the regular rate when factoring an overtime rate, resulting in Pest Eliminators paying overtime at rates lower than required by law.
Back Wages Recovered and Liquidated Damages: $175,587 in back wages and liquidated damages for 59 workers.
Quote: “Many employers are under the misconception that salaried employees are not entitled to overtime pay. When companies like Pest Eliminators get it wrong, the outcome could become costly,” said Wage and Hour Division District Director Nicolas Ratmiroff in Tampa, Florida. “Employers who fail to comply and continue to pay workers less than they have earned can quickly find themselves struggling to maintain the workforce needed to stay in business.”
Background: Employers can contact the Wage and Hour Division at its toll-free number, 1-866-4-US-WAGE. The division also offers numerous online resources for employers, such as a fact sheet on Fair Labor Standards Act wage laws overtime requirements. Workers who feel they may not be getting the wages they earned may contact a Wage and Hour Division representative in their state through a list and interactive online map on the agency’s website. Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android Timesheet App for free.