Human Resources Consulting - Columbia SC

United States Department of Labor and the Fair Labor Standards Act

Each week I receive a newsletter from the U.S. Department of Labor (DOL) detailing new and ongoing initiatives, how the economy is doing and a listing of recent actions. I found this particular newsletter very interesting because it listed six (6) companies who had recently been fined for violations of the Fair Labor Standards Act (FLSA).

  • A Silicon Valley data collection services company will pay $910,878 in back wages and damages to 34 workers.
  • A Kentucky tobacco farmer was found guilty of wage payment and visa program violations.
  • A Tennessee tire manufacturer paid $659,266 to 136 workers to resolve overtime and record keeping violations.
  • A Virginia based IT contractor paid $312,334 to 45 workers for overtime and record keeping violations.
  • A restaurant chain in San Francisco will pay $224,465 in back wages to 25 employees for overtime and record keeping violations.
  • An Oregon construction contractor will pay $98,461 to 51 employees for overtime and record keeping violations.

For fiscal year 2018, the DOL recovered from employers a record $304 million due to wages owed and record keeping violations.
In the last 5 years, the DOL has recovered more than $1.3 billion from employers due to overtime, back wage and record keeping violations.

  • The most common violations include:
  • Unpaid or incorrect overtime pay
  • Unpaid “off the clock” work
  • Minimum wage violations
  • Illegal paycheck deductions
  • Incorrect determination of exempt status
  • Wrongful classification as an Independent Contractor
  • Insufficient record keeping

So, what records are actually required? Under the FLSA, employers must maintain the following basic payroll records for all employees.

  1. Employee’s full name and social security number
  2. Address, including zip code
  3. Birth date, if younger than 19
  4. Sex and occupation
  5. Time and day of week when employee’s workweek begins
  6. Hours worked each day
  7. Total hours worked each week
  8. Basis on which employee’s wages are paid
  9. Regular hourly pay rate
  10. Total daily or weekly straight time earnings
  11. Total overtime earnings for each week
  12. All additions to or deductions from each employee’s weekly wages
  13. Total wages paid each pay period
  14. Date of payment and the pay period covered by that payment

Don’t become a DOL statistic.

A company’s best defense against the potential expense and aggravation related to federal or state law violations is to proactively review and revise as needed all Human Resources policies, handbooks, hiring procedures, compensation, benefits, training programs, communications tools and other functions. The professionals of PHHR are ready to assist your organization with this type of training as well as to maintain compliance with the latest state and federal mandates.

Newsletter Archive

Paul Hilton Human Resources Consulting works with our clients to insure that all required documentation is correct and sufficient to successfully defend against a claim to any unemployment compensation commission.

For assistance with any Human Resources related questions or other issues, please Contact Us.

Our newsletter is updated regularly, providing information of interest
to many of our readers. We invite you to check back frequently.

Paul Hilton is a certified Human Resources Consultant, located in Columbia, SC.
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Paul Hilton, Human Resources Consulting, LLC
Columbia, South Carolina
Office: (803) 481-9533
Cell: (803) 305-8962 

Paul Hilton, Human Resources Consulting, LLC