South Florida landscaping company nailed for $110,602 overtime obligations for 85 employees

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After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), A Cut Above Landscape & Maintenance Inc. – a landscaping company based in Loxahatchee, – will pay 85 employees $110,602 in back wages for violating overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA), the Labor Department says in a statement

WHD investigators determined A Cut Above Landscape & Maintenance Inc. paid its employees a flat rate per day regardless of the number of hours they worked in a workweek, the federal agency said in the Aug. 17 release.

“This practice resulted in violations when employees worked more than 40 hours in a workweek but the employer failed to pay them overtime. The employer also failed to keep required records of the total number of hours employees worked.”

“When employers fail to track properly all the hours employees work, it often results in overtime pay violations,” said Wage and Hour Division district director Tony Pham, in Miami. “The U.S. Department of Labor is committed to educating employers and improving compliance with federal wage laws to protect American workers and to level the playing field for law-abiding employers. We encourage employers to reach out to us with questions and to use the wide variety of tools we offer to ensure they clearly understand their responsibilities.”

In a separate statement, the agency also reported that High Line Construction Services LLC – a construction contractor based in Crystal Beach – has paid $16,567 in back wages to five employees for FLSA overtime violations.

WHD investigators found that High Line Construction Services LLC paid employees straight time for all the hours that they worked, failing to pay overtime when they worked over 40 hours in a workweek.

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