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No matter how many clients, temps must still get OT pay

by on
in Human Resources,Overtime Labor Laws

Dallas-based staffing agency Temp Team has agreed to settle Fair Labor Standards Act (FLSA) violations un­­covered during a U.S. Department of Labor (DOL) Wage and Hour Division investigation. The $244,104 settlement will be split among 252 current and former employees.

Temp Team had placed 250 em­­ployees at multiple locations, where they worked in excess of 40 hours per week without receiving overtime pay. The DOL found that two other employees had been improperly classified as exempt under the FLSA.

The settlement calls for Temp Team to pay the back wages, reclassify the two workers as nonexempt and pay overtime to all nonexempt employees who work more than 40 hours in a week.

Note: Temp agencies and staffing services must count the total hours in a week an employee works when making overtime determinations. It doesn’t matter how many locations or clients the employee does work for.

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