Each month, the United States Department of Labor (US DOL or DOL) issue violations and settles cases covering the federal laws they are responsible for enforcing. These federal laws include:
- Fair Labor Standards Act (FLSA)
- Occupational Safety and Health Act (OSHA)
- Family and Medical Leave Act (FMLA)
- Davis-Bacon and Related Acts
- Executive Order 11246
Below is a list of violations and settlements issued by the DOL from May 1 to May 15, 2024.
Highlighted Violations and Settlements
Employees awarded $190,648 under the FLSA when their employer treated them as exempt
The U.S. District Court for the Western District of Michigan, Southern Division, determined that Medhealth Suppliers & Providers Inc., illegally paid the four employees a fixed salary even though the employees did not meet the standards for exempt employees. As part of the fixed salary, the employer did not pay the employees for overtime hours or keep proper recordkeeping for the non-exempt employees.
The District Court ordered the company to pay $190,648 ($95,324 in back wages and $95,324) in liquidated damages to four employees. It also
- prohibits the employer from violating the minimum wage and overtime rules set forth in the FLSA
- requires the employer to keep proper records regarding their employees’ hours worked
- prohibits the employer from retaliating against the employees for engaging in lawful action protected by the FLSA.
Under Executive Order 11246, the DOL found sex discrimination
Usually, discrimination laws are enforced by the EEOC and Title VII of the Civil Rights Act. However, for federal government contractors, the DOL may find discrimination based on Executive Order 11246.
In this case, Sysco West Coast Florida Inc., a federal government contractor, agreed to pay 95 female applicants in $133,625 back wages and interest based on the DOL’s allegation that they discriminated against the applicants because of their sex. The company also agreed to:
- take steps to ensure its selection process, personnel practices, and hiring policies are free from discrimination
- comply with federal recordkeeping requirements
- offer nine affected applicants job opportunities when position become available
Failure to reinstate employees required by the FMLA cost an employer $11,910
Under the FMLA, an employer is required to reinstate an employee to the same or an equivalent position when they returned from FMLA leave. According to the DOL, a same or equivalent position does not include reporting to a work location that is miles away from the employee’s prior workplace.
Here, an employee took FLMA and, when returning, Mi Casita Mexican Restaurant Inc., operating as El Lorito, instructed the employee to report to another restaurant location miles away from their original work location. When the employee refused to report to the new location, the employer terminated the employee.
FLSA Violations and Settlements
- California: Department of Labor finds children employed illegally in dangerous jobs, obtains $4.8M in wages, damages for poultry industry workers in California
- Indiana: Court enters preliminary injunction after Indiana liquor store owner agrees to stop intimidating workers who speak with federal wage investigators
- Indiana: US Department of Labor recovers $151K in back wages, damages for 32 Indianapolis home healthcare aides denied overtime
- Indiana: Court enters injunction after Evansville restaurant owner agrees to stop intimidating workers who cooperate with federal wage investigation
- Iowa: Fayette Janitorial Service agrees to pay $649K in penalties, hire outside consultant to prevent child labor employment in sanitation contracts
- Louisiana: Department of Labor recovers $422K in back wages, damages for 219 workers employed by home care providers in Baton Rouge, Greensburg, Shreveport
- Maryland: Department of Labor recovers $538K in back wages, damages from Maryland residential rehabilitation provider for 37 landscaping workers denied full pay
- Michigan: US Department of Labor recovers $190K in back wages, damages for 4 employees denied minimum wage, overtime by Lansing group homes operator
- New York: US Department of Labor obtains judgment to recover $152K in back wages, damages owed to Bronx medical care provider’s employees
- New York: Court affirms Department of Labor’s ability to sue Brooklyn staffing agency that demanded workers stay 3 years or repay wages
- North Carolina: US Department of Labor files complaint seeking back wages, damages for case managers denied overtime by North Central Health Care
- Oregon, Washington: Department of Labor obtains $316K judgment against Little Big Burger restaurants for taking workers’ tips to pay managers in Oregon, Washington
- Pennsylvania: Department of Labor obtains judgment requiring Philadelphia-area home care employer to pay over $1M in overtime back wages, damages, penalties
- South Carolina: Department of Labor recovers more than $153K in back wages, damages from South Carolina convenience store that denied overtime to workers
OSHA Violations and Settlements
- Connecticut: Department of Labor investigation into visiting nurse’s death finds home care agency failed to protect workers against workplace violence
- Florida: US Department of Labor finds Georgia construction contractor could have prevented 31-year-old worker’s fatal fall in Arcadia
- Florida: Department of Labor investigation into worker’s serious injuries finds healthcare facility’s operator again failed to protect employees from patient violence
- Illinois: Department of Labor alleges subcontractor knowingly exposed employees to asbestos hazards during former Waukegan hospital demolition
- Massachusetts: Department of Labor investigation of Boston window cleaner’s 29-story fall finds employer again failed to inspect, replace protective equipment
- Massachusetts: US Department of Labor finds Watertown contractor did not provide required safeguards to prevent employee fatality in Brighton
- Minnesota, North Dakota: Department of Labor cites Midwest bread products supplier after worker suffers disabling injury at Sun Prairie facility
- Missouri: St. Louis contractor faces $258K in fines after exposing roofing workers to potentially deadly fall hazards 5 times in 7 weeks at Wentzville worksites
- Nebraska: Department of Labor cites goods transport provider after truck strikes grain yard manager, weeks after federal inspectors warn of hazards
- New Jersey: Settlement affirms willful OSHA violations, $215K penalties, against contractors for fall hazards at multiple New Jersey work sites
- Ohio: Zwanenberg Food Group agrees to pay $1.7M in federal penalties, invest $1.9M in safety improvements at Cincinnati facility
- South Carolina: US Department of Labor finds prominent South Carolina shipyard ignored federal measures that could have prevented 41-year-old worker’s fatal fall
