The Department of Labor (DOL) assessed Area Wide Protection Inc., dba Roadtek Traffic Solutions LLC, $112,187 in back wages and an equal amount in liquidated damages to 297 employees based in Virginia, North Carolina, and Pennsylvania.
The employees had to report to the office to complete tasks before and after their shifts. Tasks included flagging, detour, lane closure, and other roadway services. The workers were not paid for the time they worked before and after their shifts.
The company was found to have violated the overtime provisions of the Fair Labor Standards Act (FLSA). Furthermore, the company did not maintain accurate records of hours worked.
What should you do? Determine if your employees are expected to do work before and/or after their shifts, such as collecting supplies, putting tools away, taking care of personal protective equipment, or sitting through training. If they are engaged in such activities, they should be put on the clock.