Dept. of Labor finds overtime wage violations at dealership

After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Bradford Marine Inc. — doing business as Bradford Marine & ATV headquartered in Little Rock, Arkansas — has paid $26,265 in back wages to 28 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

The investigation revealed that the marine, power sports and motorcycle dealership with locations in Hot Springs, Little Rock and Springdale, Arkansas; and Texarkana, Texas, violated FLSA overtime requirements when it failed to include monthly commissions paid to employees when calculating their overtime rates. Erroneously excluding these amounts resulted in the employer paying overtime at rates lower than those required by law. An exemption from the overtime requirements that applies to some commissioned employees did not apply in this case as less than half of the workers’ pay came from commissions. The employer also violated the FLSA’s recordkeeping provision.

“Employers must ensure they understand their obligations under the Fair Labor Standards Act,” said Wage and Hour Division District Director Hanz Grünauer, in Little Rock, Arkansas. “Employees must receive all the wages they have legally earned.”

The department updated the rules for how to calculate workers’ regular rate of pay when they work overtime.

The department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos, confidential calls, or in-person visits to local WHD offices.

Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. For more information about the FLSA and other laws enforced by the division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/agencies/whd including a search tool for workers who may be owed back wages collected by the division.

The mission of WHD is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the McNamara-O'Hara Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.