US Department of Labor investigation finds Birmingham construction company willfully exposed workers to trench collapse at Bessemer worksite

US Department of Labor investigation finds Birmingham construction company willfully exposed workers to trench collapse at Bessemer worksite BIRMINGHAM – A U.S. Department of Labor investigation has found numerous safety hazards at a civil construction employer’s worksite following a trench collapse in Jefferson County. The department’sOccupational Safety and Health Administration investigators found CB&A Construction LLC workers removed and installed drain pipes for Jefferson County under a suspended load, without hard hats, and at the edge of an excavation that lacked protective restraints.OSHA cited CB&A Construction with a willful violation and proposed $170,145 in penalties.CB&A Construction LLC has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission. Penalties and citations may...

Federal court approves order for Succasunna landscaper to pay $400K in back wages, damages to 32 workers denied overtime wages

Federal court approves order for Succasunna landscaper to pay $400K in back wages, damages to 32 workers denied overtime wages
SUCCASUNNA, NJ – A federal court has approved a consent judgment ordering a Succasunna landscaping company and its owner to pay $400,000 in back wages and damages after the U.S. Department of Labor found the employer denied 32 of its workers the overtime pay they earned. The court’s action follows an investigation by the department’s Wage and Hour Division that determined Fullerton Landscapes LLC – operating as Fullerton Landscape Architects – and owner Douglas B. Fullerton failed to pay 32 employees time-and-a-half for hours over 40 in a workweek, in violation of the Fair Labor Standards Act. Following litigation by the department’s Office of the Solicitor, the U.S. District Court for the District of New Jersey ordered the company and its owner to pay a total of $200,000 in overtime back wages and an equal amount in liquidated damages to the affected workers. “Paying straight-time rates or rates below straight time for overtime hours worked shortchanges workers of the hard-earned wages they need to make ends meet, and violates the Fair Labor Standards Act,” said Wage and Hour District Director Paula Ruffin in Mountainside, New Jersey. “Unfortunately, these types of violations are common in the landscaping services industry. We encourage employers to contact the Wage and Hour Division about their responsibilities and workers to contact the agency with questions about their rights.” The division’s Northern New Jersey District Office conducted the investigation. Rolando Valdez, a senior trial attorney in the department’s New York Regional Office of the Solicitor litigated the case. View the complaint and consent judgment. In fiscal year 2021, the Wage and Hour Division recovered $1.2 million for more than 1,000 workers in the landscaping services industry. With more than 11 million job openings in the U.S. reported by the Bureau of Labor Statistics in April 2022 coupled with 4.4 million workers quitting their jobs, employers are find it difficult to fill positions they need to be successful. Employers who pay workers the wages they are due  will have a competitive advantage over those who don’t. “The U.S. Department of Labor vigorously pursued legal action to ensure that all employees are properly compensated as required by the law. The department will continue to pursue litigation where employers fail to comply with the FLSA’s minimum wage and overtime requirements,” said Regional Solicitor of Labor Jeffrey Rogoff in New York. Based in Succasunna, Fullerton Landscapes LLC provides residential, commercial and public design and construction landscaping services. For information about laws enforced by the division, contact the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Workers can call the Wage and Hour Division confidentially with questions, regardless of immigration status, and the department can speak with callers in more than 200 languages. The Wage and Hour Division has a number of resources online for workers and employers, including an FLSA compliance toolkit. Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division.

Published at June 16, 2022 at 05:00PM
Read more at https://dol.gov

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