Through a recent investigation, the Wage and Hour Division of the U.S. Department of Labor (USDOL) has determined a Virginia-based contractor has violated not only certain Ohio employment laws, but also the Fair Labor Standards Act (FLSA), the Contract Work Hours and Safety Standards Act (CWHSSA), and the Davis-Bacon and Related Acts (DBRA) by failing to pay 11 workers a little over $50,000 in prevailing wages, minimum wages, and overtime and fringe benefits. The contractor, The CFP Group, Inc. had workers modifying and installing sprinkler and fire alarm systems at a Columbus, Ohio courthouse between the months of October 2012 and September 2013.
Ohio employment lawyers know under the law, government contracts come with certain requirements with respect to benefits and pay. That being the case, the Wage and Hour Division’s director in Columbus has noted, “Contractors should be aware of all these obligations when they bid for these jobs and when contracts are awarded.”
What Brought About the Lawsuit?
The USDOL sued The CFP Group, as well as its owner, Roberto Clark, in the U.S. District Court in Columbus, claiming violations of the FLSA’s overtime and minimum wage provisions. Columbus district office investigators unveiled over $19,000 in unpaid wages were due to three of the contractor’s employees for time worked that was not paid or properly recorded. The lawsuit also sought to obtain an equivalent amount in liquidated damages and to enjoin the contractor from violating the law in the future. Columbus investigators also discovered almost $36,000 in unpaid fringe benefits and prevailing wages were due to nine of the contractor’s workers in violation of both DBRA and CWHSSA.
As most Ohio employment lawyers are aware, the FLSA requires all workers covered under the Act be paid the federal minimum wage of $7.25 at the very least for all hours worked, plus time and a half for overtime hours worked over 40 during a work week. Generally speaking, “hours worked” includes all time workers are required to be on duty either at the employer’s place of business or any other chosen place of work.
The DBRA was violated when the contractor allowed premiums for fringe benefits (including health insurance) to lapse and failed to pay prevailing wage rates. Because tax money was involved as part of the courthouse project, Ohio labor and employment laws also require prevailing wage rates be paid. Moreover, the contractor failed to keep and submit certified and accurate payroll records, as required under the law.
The CFP Group, Inc. violated the CWHSSA by not properly paying the workers their required overtime at “time and a half” the workers’ rates for any and all hours worked over 40 within one work week.
If you believe you have not been properly paid for work you performed for an employer, and you would like to learn more about your legal rights, contact the Ohio employment lawyers at The Law Offices of Robert A. Klingler, Co., LPA, as soon as possible. Let us help you obtain what is rightfully yours.