U.S. Labor Department Says Tulsa Company Failed To Pay Overtime

The lawsuit filed against Controlled Waste Inc. in Tulsa follows an investigation that found violations of the Fair Labor Standards Act.

Thursday, February 18th 2010, 2:57 pm

By: News On 6


NewsOn6.com

TULSA, OK -- A Tulsa firm is being sued by the U.S. Department of Labor for failing to pay 41 drivers, driver helpers and administrative staff in overtime back wages.

The lawsuit filed against Controlled Waste Inc. in Tulsa follows an investigation that found violations of the Fair Labor Standards Act.

The suit filed in federal court claims Controlled Waste, Inc. failed to pay $20,614 in overtime wages. Additionally, civil money penalties assessed totaled $23,001.

In a news release, the Labor Department's Wage and Hour field office in Tulsa found that Controlled Waste, Inc. failed to include bonus pay when calculating overtime pay for the 41 workers.

"This is not the first time this company has been investigated for failing to properly pay workers," said Cynthia Watson, the Wage and Hour Division's regional administrator for the Southwest. "Repeat violations will not be tolerated, and we are hopeful that the civil money penalties imposed will encourage the employer to maintain future compliance with the FLSA."

U.S. Labor Department news release:

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates of pay for hours worked more than 40 per week, unless otherwise exempt.

An employer is not required by law to provide a bonus, but if a non-discretionary bonus is paid, the bonus must be included as part of the employee's regular rate of pay for purposes of computing overtime.

Employers must also maintain accurate time and payroll records.

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