Tampa investigation leads to multistate overtime settlement — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Tampa investigation leads to multistate overtime settlement

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When U.S. Department of Labor investigators first looked into ready-mix cement truck drivers’ complaints in Tampa, they didn’t know the investigation would lead to a $1.5 million recovery for CEMEX employees in eight states.

CEMEX is a multinational ready-mix cement company based in Mexico, with operations across the United States.

The Tampa investigation revealed systemic overtime violations under the company’s “pay-per-load” system. The DOL found that workers consistently didn’t receive overtime pay when they worked more than 40 hours in a week.

When investigators pulled company pay records for its sprawling system of cement and ready-mix plants, aggregate quarries, land distribution centers and marine terminals, they had some concrete figures: 1,705 employees due payments totaling $1,514,449.

The DOL initially filed a complaint in 2008 and the settlement took form over the past few years. The judgment against CEMEX requires it to pay the back wages and comply with the Fair Labor Standards Act or else face contempt-of-court charges.

Note: Pay schemes designed to circumvent state and federal overtime laws often draw investigator scrutiny. Before implementing any clever plan that doesn’t pay overtime, consult your attorney to determine whether it’s legal.

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