Exceptional Enterprises, Inc.
Agency Name: Wage & Hour Division (WHD), US Department of Labor
Release Number: 12-1483-ATL (276)
Release Date: July 26, 2012
Exceptional Enterprises Inc. of Coalmont, Tennassee has paid $151,119 in back wages to 15 employees following a U.S. Department of Labor (“DOL”) investigation that found violations of the Fair Labor Standards Act’s minimum wage and overtime provisions.
DOL’s Wage and Hour Division determined that the employer had been improperly deducting time for sleep from employees’ hours, resulting in minimum wage violations for the sleep time that was not compensated. The employer also failed to pay employees overtime compensation at one and one-half times their regular rates for hours worked beyond 40 in a week.
Under the FLSA, an employee who is required to be on duty for a period of fewer than 24 hours is considered to be working even if he or she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than eight hours. In this case, the employees were required to be on duty for fewer than 24 hours.
The FLSA also requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week.
Exceptional Enterprises has agreed to comply with the FLSA in the future and will post required notices informing employees of their rights under federal labor laws.
If you are currently employed in an assisted living facility and believe that you have been denied minimum and/or overtime pay you should consult a labor attorney to evaluate your potential case.
This post is intended to provide you with information about overtime and wage cases filed throughout the country by other law firms and the government. It serves to give you an idea of the types of issues which are currently being litigated by employment lawyers as well as those which have been “settled.”
As a courtesy to you, we are providing the court name, case number and date filed to facilitate your search for it on the federal PACER website. Current information regarding case status, parties and attorneys is available on PACER to anyone who opens an account with them.
Please also note that some cases we report on were initiated by the Department of Labor and then settled without having been filed in Federal Court and thus will not be available on the PACER website. For these cases we generally provide a brief summary of the findings and results.
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