Below is a list of violations and settlements issued by the DOL from May 1 to May 15, 2024.
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.
