U.S. Department of Labor investigation results in Florida roofing contractor paying $70,068 in back wages for overtime violations

BONITA SPRINGS, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) into rebuilding efforts in the aftermath of Hurricane Irma, Kelly Roofing LLC – based in Bonita Springs – paid $70,068 in back wages to 155 employees for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found the roofing contractor paid employees a piece rate, without regard to the number of hours they actually worked.


This practice resulted in violations because the employer failed to pay employees overtime for any hours the employees worked beyond 40 in a workweek. WHD also found recordkeeping violations when the employer failed to maintain daily and weekly records of the number of hours employees worked.

“Employers are obligated to pay their employees the wages they have legally earned,” said Wage and Hour Division District Director James Schmidt, in Tampa. “Even if employees are paid piece rates, or on salaries, they are typically still due overtime when they work more than 40 hours in a week. The outcome of this investigation serves as a reminder to all employers to review their pay practices to ensure employees are being paid correctly.”

WHD provides a wide variety of compliance assistance tools to help employers understand their responsibilities and employees understand their rights.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/whd.

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