Following an investigation, the US Department of Labor has filed a lawsuit seeking more than $5 million in underpaid overtime. The suit was filed against CEMEX, Inc., a Houston-based provider of cement and concrete products. Employees in Arizona, California, Florida, Georgia, New Mexico, North Carolina, South Carolina, and Texas were allegedly underpaid overtime hours for piece rate and incentive bonus pay. The Fair Labor Standards Act (FLSA) requires that employees eligible for overtime be paid at one and one-half times their regular rate of pay, which should include most commissions, bonuses, and incentive pay. Vision Payroll provides a continuing series on the FLSA, but you should contact your labor attorney with specific questions on overtime hours and pay rates.
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A New York City garment contractor was cited by the New York Department of Labor with wage and hour violations that resulted in underpayment of almost $3 million to more than 100 workers. Jin Shun Incorporated, which was reported to have produced women’s garments for several notable retailers, required employees to use two sets of time cards per week. Therefore, even though employees routinely worked six or seven twelve-hour days per week, no set of timecards would show more than forty hours worked per employee. Employees were provided with false answers to memorize and recite to investigators in the event of an audit. “This factory paid sweatshop wages, kept fake records, and coached employees to lie, even though it had signed retailer codes of conduct to comply with the law. The Department of Labor will use all legal tools to stop this mistreatment of workers,” said New York State Labor Commissioner M. Patricia Smith.
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