U.S. Department of Labor Recovers More Than $39K for 31 Employees at Tennessee Lawn Care Company
Lawnwise Inc. did not pay its employees for any overtime work.
- By Shereen Hashem
- May 11, 2021
The U.S. Department of Labor conducted an investigation at a lawn care company located near Franklin, TN. Lawnwise Inc. paid $39,373 in back wages to 31 workers after it was found that the employer violated the overtime requirements of the Fair Labor Standards Act.
Wage and Hour Division investigators found the company paid its workers a fixed salary plus commissions, regardless of the number of hours they worked each week. By doing so, the employer violated FLSA overtime requirements when employees worked more than 40 hours in a workweek where the employer failed to pay them overtime.
According to a press release, the division also found the employer paid one employee commission only during the worker’s last week with the company. This resulted in a minimum wage violation as well as a violation of record-keeping requirements by failing to record the number of hours employees worked.
“Employers must pay workers all of the wages they have legally earned, including overtime,” said Wage and Hour Division Acting District Director Kenneth Striping in Nashville, Tennessee. “Other employers in this industry should use this investigation as an opportunity to review their own pay practices to ensure they comply with the law. The Wage and Hour Division invites anyone with questions about workplace rights or responsibilities to call us, confidentially, to speak with a trained professional to get their questions answered.”
Workers must be paid on a salary basis, by the hour, on a piece rate, day rate or other methods and are entitled to overtime for hours worked beyond 40 in a workweek, unless an exemption applies.
Shereen Hashem is the Associate Content Editor for Occupational Health & Safety magazine.