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Judge Orders Trucking Company to Repay Employees $51K in Back Wages

December 27, 2010

As our Chino Hills, California labor and employment lawyers have reported in a recent wage and hour lawsuit blog, the U.S. Department of Labor (DOL) is committed to protecting the welfare of the nation's workforce, by holding employers across the country accountable for adhering to federal wage and hour laws, so workers receive the wages to which they are legally entitled.

In a recent case investigated by the DOL, a federal district court in Indiana has entered a consent order and judgment that requires Kevin Misch and his company, Kevin Misch Trucking and Excavating, Inc. of Wheatfield, Indiana, to repay $50,952 in back wages to the company's thirty-one employees.

The FLSA is enforced by the DOL's Wage and Hour Division, and according to the investigation, Kevin Misch violated the Fair Labor Standards Act, (FLSA) by neglecting to compensate employees one and one-half their regular pay rate for any hours worked beyond 40 in a week.

The judgment requires the company to repay any workers who were employed by the company from November 1, 2003 to May 27, 2007, for back wages that include both overtime compensation and interest. The company and owner are also prohibited from violating FLSA laws in the future.

As our Carson employment attorneys reported in a previous blog, under the FLSA, employees are required to be compensated the federal minimum wage for all hours worked. Most covered employees are entitled to overtime pay under the FLSA which is one and one-half times their regular hourly pay rate when they work over 40 hours in a week. Employers often miscalculate employee's overtime compensation, when working past 40 hours in a workweek.

Howard Law, PC represents California employees who have been wrongfully deprived of overtime pay and who are seeking recovery. In cities throughout Orange County, California, our Anaheim-based labor & employment attorneys know how to find the best solution to your labor or employment issue. Contact us today.

Judge Orders Kevin Misch Trucking and Excavating Inc. to Repay Nearly $51,000 in Employee Back Wages After US Labor Department Investigation, U.S. Department of Labor Wage and Hour Division Press Release, December 20, 2010

Related Web Resources:

U.S. Department of Labor: Wage and Hour Division (WHD), Fair Labor Standards Act (FLSA)