Aug. 24 2020 08:37 AM

Company paid employees a flat rate per day regardless of the number of hours they worked.

Izzet Ugutmen / Shutterstock

After an investigation by the U.S. Department of Labor’s Wage and Hour Division, A Cut Above Landscape & Maintenance Inc., based in Loxahatchee, Florida, will pay 85 employees $110,602 in back wages for violating overtime and recordkeeping requirements of the Fair Labor Standards Act.

WHD investigators determined A Cut Above Landscape & Maintenance Inc. paid its employees a flat rate per day regardless of the number of hours they worked in a week. This practice resulted in violations when employees worked more than 40 hours in a week, but the employer failed to pay them overtime. The employer also failed to keep required records of the total number of hours employees worked.

“When employers fail to track properly all the hours employees work, it often results in overtime pay violations,” says Tony Pham, wage and hour division district director, Miami, Florida. “The U.S. Department of Labor is committed to educating employers and improving compliance with federal wage laws to protect American workers and to level the playing field for law-abiding employers. We encourage employers to reach out to us with questions and to use the wide variety of tools we offer to ensure they clearly understand their responsibilities.”