US Department of Labor finds San Bernardino roofing, painting contractor denied employees overtime pay

SAN BERNARDINO, CA - The U.S. Department of Labor has found a San Bernardino roofing and painting contractor denied 62 employees pay for some of their hours worked, a violation of federal wage laws.

Investigators with the department's Wage and Hour Division found Howard & Sons Inc. failed to include pre- and post-shift hours employees spent collecting and returning needed supplies from stores and storage sheds. The employer also neglected to include time employees worked beyond the scheduled hours, as well as time worked on Saturdays. The employer's failure to keep accurate records of hours worked by employees resulted in overtime violations of the Fair Labor Standards Act.

Howard & Sons will pay $267,177 in owed back wages to 62 employees who were denied overtime pay. In addition, the division assessed the employer a $53,010 civil penalty to address the willful nature of the violations.

"It is the employer's responsibility to know how many hours their employees work for the business and to pay them accordingly for all hours worked," said Assistant District Director Rafael Valles in West Covina, California. "When employees are required to pick up supplies, shop, and set up equipment as part of their preparation for their hands-on work at the job site, employers must understand these duties are FLSA hours worked. As the back wages in this case illustrate, we are committed to ensuring that workers receive all wages due including overtime pay."

Howard & Sons Inc. provides residential and industrial roofing and painting services and has offices in San Bernardino and San Diego.

Learn more about the Wage and Hour Division, including a search toolto use if you think you may be owed back wages collected by the division. Employers and workers can call the division with questions and requests for compliance assistance at itstoll-free helpline, 866-4US-WAGE (487-9243).

Employers are encouraged to use the agency's industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency's PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the Fair Labor Standards Act, as well as certain potential violations under the Family and Medical Leave Act.

Download the agency's free timesheet app, available for Android and iOS devices, to track hours and pay.