A Florida roofer owed workers $132,000 after not paying earned overtime again, feds say

David J. Neal
·2 min read
6

A Clearwater construction company’s second violation of federal overtime pay laws resulted in the company owing $132,400 in back wages and liquidated damages, the U.S. Department of Labor announced.

That works out to an average of $6,304.76 for each of the 21 employees shorted by All Florida Weatherproofing & Construction. Or, put in terms of living expenses as stated on Rent.com, All Florida shorted employees just over three months’ average rent on a one-bedroom St. Petersburg apartment ($1,972).

All Florida, run by president Richard Fulford and vice presidents Kimberly Fulford and Joshua Fulford, according to state records, didn’t return a phone message or an email from the Miami Herald.

READ MORE: Florida restaurants owed workers $124,000 after demanding free, off-the-clock work

A Wage and Hour Division investigation found All Florida used a piece-rate pay system, but didn’t pay the time-and-a-half overtime rate still required by the Fair Labor Standards Act (FLSA) in a piece-rate pay system.

Indeed.com explains that in such a system “employers pay employees per creation unit. With effective design, this system can motivate employees and, in return, increase productivity. Piece-work pay has its advantages and disadvantages for both the employees and employers.”

All Florida also didn’t “include non-discretionary bonuses in the employees’ regular rate when computing overtime payments” or “maintain time records outlining start and stop times for employees’ workdays.”

Labor says All Florida committed similar overtime pay violations in 2019 that shorted two workers $89. For rerunning the violation, All Florida was given an $8,463 civil money penalty.

“Paying workers by piece does not excuse an employer’s requirement to pay overtime when the employees work more than 40 hours in the workweek. All Florida Weatherproofing & Construction is well aware of their obligation after our agency found similar violation just four years ago,” Wage and Hour Division District Director Nicolas Ratmiroff said.

“Once the workday begins, employers must count preparation work, travel time and principal work activities as hours worked. Employers and employees can reach out to us for help in understanding their obligations and rights under the law.”

If you believe your employer has violated FLSA or other labor laws, especially by not paying you earned wages, you can reach out to Labor’s Wage and Hour Division online, by visiting one of the local offices or by calling 305-598-6607 in Miami or nationally 866-4US-WAGE (487-9243).