$162K Fine for Overtime Violations

Avon construction company to pay $162K for violations of Massachusetts Overtime Law

Attorney General Martha Coakley’s Office has reached a settlement agreement with Diaz Construction, formerly of Brockton, now of Avon, and its president, Leonel Diaz, 47, of Bridgewater, to resolve allegations that the company violated the Commonwealth’s wage and hour laws. Under the agreement, Diaz will pay $142,000 in restitution to 129 former and current employees and a $20,000 penalty to the Commonwealth.

In June 2008, the Attorney General’s Fair Labor Division began an investigation into the employment practices of Diaz Construction after receiving complaints from former Diaz Construction employees alleging that they had not been paid the proper rate for overtime pay. Throughout the investigation, Diaz and his company cooperated fully and provided the payroll records for the period between July 2006 and June of 2008 to the Attorney General’s Office. A self-audit of the payroll records by the company revealed that Diaz had unintentionally failed to pay his employees time-and-a-half for overtime hours worked between July 2006 and May 2008.

The matter was handled by Assistant Attorney General Lillian Hirales and Investigator James P. Coughlin, both of the Attorney General’s Fair Labor Division.

Under the Massachusetts overtime law, most employers in the Commonwealth are required to pay employees time-and-a-half for any hours over 40 they work per week. The Attorney General’s Fair Labor Division is responsible for enforcing the prevailing wage, minimum wage and overtime laws, and the payment of wages laws in the Commonwealth.

Workers who feel that these laws have been violated in their workplace are urged to call the Office’s Fair Labor Hotline at 617-727-3465. More information about the wage and hour laws call CTK today at 954-652-0733.

Were You Paid For Your OVERTIME?

Did you get paid for the OVERTIME YOU WORKED?

Our Florida Private Investigators had the opportunity to assist with computer forensics to prove that employers were violating The Fair Labor Standards Act. This commonly known as the “FLSA,” and it requires covered employers to pay their employees time and one-half their regular rate of pay for each and every hour worked over Forty (40) in a work week. For employees whose normal pay is not based upon an “hourly” rate, their regular rate requires calculating all of their compensation into an hourly rate. Certain incentives, such as commissions and non-discretionary bonuses, may also need to be considered when calculating the overtime rate. While most private employers may not substitute “comp time” for overtime wages an employee has earned, and therefore these employees should be paid, some government employers are permitted to provide their employees with time off benefits instead of paying overtime wages.

Regardless of whether employees receive their wages through a salary, an hourly rate, a draw, a production rate (a piece rate), or commissions , or even a combination of these or other types of pay, the FLSA requires covered employers to pay overtime wages for each and every hour worked over Forty (40) in a work week. If you believe that you worked overtime and you were not paid for it, CALL US TODAY for your FREE CONSULTATION. We may be able to recommend one of the attorneys we have worked with that specializes in overtime cases. They will be happy to speak with you TODAY.

You worked - now get paid what you were entitled to! CALL US TODAY 954-652-0733