Overtime Violations at Produce Company
A leading marketer of fresh citrus and avocados in the United States, Sundance Natural Food Company, was recently required to pay back wages to its workers for unpaid overtime for overtime violations. This announcement came after the company was determined to have violated a federal law known as the Fair Labor Standards Act.
How the Overtime Violations Occurred
The company violated the overtime section of the Fair Labor Standards Act after failing to pay overtime to packing shed workers who spent time putting on required work equipment before their shifts as well as removing equipment after their shifts. Sundance also fail to pay overtime compensation to one employee who worked more than 40 hours a week. Some of the additional recordkeeping violations that Sundance has been accused of include failure to record all of the hours that employees worked and not keeping documentation of a minor employee’s date of birth.
The Result of the Overtime Violations
Sundance currently owes back wages to 45 workers for unpaid overtime. The company was further assessed civil penalties. It is critical for all workers to understand the important Wage and Hour regulations with which employers must comply.
Common Ways Employers Commit Overtime Violations
There are several different ways in which employers are known to commit overtime violations, but some of the most common violations include the following:
- Incorrectly classifying employees as managers, to illegally avoid paying employees overtime pay
- Failing to pay workers for all of the overtime hours that are worked
- Engaging in illegal time clock rounding resulting in only compensating workers for a portion of these hours
- Misclassifying workers as independent contractors rather than as employees to avoid paying workers the benefits or protections they are afforded under the Fair Labor Standards Act, including overtime compensation.
- Intimidating employees who attempt to report all of the hours that they work each week
- Failing to keep adequate records about the hours that employees work
- Failing to include bonuses into the overtime rate or other amounts when calculating the amount of overtime that a worker is due
Speak With an Experienced Wage and Hour Attorney
If you have questions or concerns about whether your employer has complied with wage and hour regulations, you should not hesitate to speak with an experienced wage and hour attorney. Contact the wage and overtime attorneys at Herrmann Law today to speak with an experienced attorney who will remain committed to making sure that you receive the compensation you deserve. You can reach Herrmann Law by calling 817-479-9229 or completing our online form and someone from our office will contact you within 24 hours.