FRANKLIN, TN – A Franklin-based lawn care company returned $ 39,373 to 31 workers following an investigation by the US Department of Labor that found the employer violated the overtime requirements of the Fair Labor Standards Act.
Investigators from the department’s payroll department found that Lawnwise Inc. paid its employees a fixed salary plus commissions, regardless of the number of hours they worked per work week. In doing so, if employees worked more than 40 hours in a work week but the employer did not pay them overtime, the employer violated the FLSA overtime requirements. The department also found that the employer had only paid a commission to the company for the employee’s last week, resulting in a breach of the minimum wage and record-keeping requirements by not recording the number of hours worked.
“Employers must pay workers all wages they have legally earned, including overtime,” said Kenneth Striping, acting district director of the Nashville, Tennessee district wages and hours department. “Other employers in this industry should use this investigation as an opportunity to review their own compensation practices to ensure that they are compliant with the law. The Department of Wages and Salaries invites anyone who has questions about rights or duties in the workplace to call us in confidence and speak to a trained professional to answer their questions. “
Unless a special exception applies, employees who are paid on an hourly basis, by piece wage, by daily rate or by other methods are entitled to overtime for working hours that exceed 40 hours in a working week.
Lawnwise Inc., based in Franklin, is a locally owned and operated company providing lawn maintenance, pest control, and other landscaping services in the Nashville area.
For more information about the FLSA and other department enforced laws, contact the agency’s toll-free line at 866-4US-WAGE (487-9243). Information is also available at www.dol.gov/agencies/whd, including a search tool to use if you think you may be owed wages that have been collected by the department.
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