Florida business owed workers $122,000 after putting them on salary to avoid paying OT

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A Florida equipment rental company learned that you can’t get around federal laws on paying workers at overtime rates by making them salaried employees.

Southern Equipment Rental owed workers $122,276 in back pay and damages after its Fair Labor Standards Act violation, the U.S. Department of Labor announced after a Wage and Hour Division investigation. The 13 workers at Southern’s DeLand location split $65,967, $5,074.58 per employee, and the nine workers in Ormond Beach split $56,309, $6,256.56 per employee.

“Paying employees a salary doesn’t exclude employers from their legal obligation to pay overtime wages,” Wage and Hour Division District Office Director Wildalí De Jesús said. “Most workers, especially blue-collar workers, are required to receive additional half-time pay when they work more than 40 hours in a workweek, whether they are paid by the hour, the piece or on a salary basis.”

Labor said the locations are owned by CJDon’s Rental Group and Logsyd Group. State records say those two companies are run by Charles Jones of Ormond Beach and Donald Veit of Port Orange.

The Wage and Hour complaint section of Labor’s website contains information on how to file a complaint if you believe your employer has violated FLSA. Miami’s Wage and Hour Division office can be reached at 305-598-6607. The national helpline is 866-4US-WAGE (487-9243).

No matter a worker’s immigration or citizenship status, he or she can speak with the department, which says it can handle calls in more than 200 languages.

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