Overtime Pay Oversight: All Florida Weatherproofing & Construction in Hot Water Again
A Clearwater-based construction company recently faced consequences for violating federal overtime pay laws, resulting in significant back wages and damages owed to its employees. The U.S. Department of Labor disclosed that All Florida Weatherproofing & Construction was found in breach of regulations, leading to a sum of $132,400 to be paid in back wages and liquidated damages.
This sum translates to an average of approximately $6,304.76 owed to each of the 21 affected employees. To put it into perspective, this amount surpasses the average rent for a one-bedroom apartment in St. Petersburg for a little over three months, according to Rent.com.
Operated by President Richard Fulford along with Vice Presidents Kimberly Fulford and Joshua Fulford as per state records, All Florida Weatherproofing & Construction did not respond to attempts at communication from the Miami Herald.
An investigation by the Wage and Hour Division uncovered that the company utilized a piece-rate pay system but failed to adhere to the requirement of paying the mandated time-and-a-half overtime rate, as outlined by the Fair Labor Standards Act (FLSA). In this payment system, employees are compensated based on the units they produce, which can potentially motivate them and enhance productivity, as explained by Indeed.com.
Furthermore, All Florida Weatherproofing & Construction neglected to incorporate non-discretionary bonuses in the calculation of employees’ regular rates for overtime payments and also failed to maintain accurate time records documenting employees’ work hours.
This isn’t the first time All Florida has faced such violations. Similar instances occurred in 2019, where two workers were underpaid by $89. For this repeated offense, the company incurred a civil money penalty of $8,463.
District Director Nicolas Ratmiroff emphasized that compensating workers based on piece-work does not exempt employers from their obligation to pay overtime when employees work beyond 40 hours per week. He reiterated the importance of correctly accounting for all work-related activities, including preparation and travel time, as hours worked.
Employees and employers are encouraged to seek guidance from the Wage and Hour Division to understand their rights and obligations under labor laws. If you suspect violations, particularly concerning unpaid wages, you can contact the division online, visit local offices, or call the provided contact numbers for assistance.