Specialty Painting & Wall Covering and M&S Enterprises, both in Niederland, have paid 22 painters and drywall installers $108,783 in overtime back wages following a U.S. Labor Department Wage and Hour Division (WHD) investigation.
Investigators found that Specialty paid workers for 40 hours each week. When workers worked more than
40 hours, they received a check from M&S for the extra hours at straight time with no taxes withheld. That effectively deprived the workers of the time and a half pay that the Fair Labor Standards Act requires, WHD determined. M&S workers were also misclassified as independent contractors.
In addition to issuing back pay to the workers, the companies agreed to classify and pay them properly moving forward.
Note: WHD investigators will look at all the facts to determine whether employees are working for one or two employers and whether they are properly classified.