After extensive flooding in North Dakota and South Dakota in 2011, the U.S. Department of Labor's (DOL) Wage and Hour Division received complaints about construction firms failing to pay workers who had worked in the flooded areas near Minot, Bismarck, Yankton and Dell Rapids. The states are struggling to find skilled labor to repair the damage left in the wake of the floodwaters, and laborers are coming to the areas in large numbers looking for work. The Department wants to avoid any problems with workers not being paid the current minimum wage, being misclassified as independent contractors or not receiving overtime pay. Flooding may occur again, so the DOL is conducting an outreach program about the Fair Labor Standards Act (FLSA).
If your company has two or more employees and an annual gross sales volume of $500,000 or more, it is subject to the Fair Labor Standards Act (FLSA). Whether a person is documented or undocumented, it is still a crime to not pay that person appropriate wages they are entitled to under the law. DOL's Wage and Hour Division is clear on one point: Intentionally failing to pay wages has serious consequences.
Below are guidelines from the DOL with links to fact sheets outlining the FLSA program.
FLSA and the Construction IndustryBusinesses involved in the construction industry are engaged in the activities of new construction or reconstruction, the repair or renovation of existing commercial and/or residential structures, as well as roadway and bridge construction. The following work activities are included in the construction industry: painting, sandblasting, tuck pointing, roofing, guttering, spouting, water well drilling, installation of flooring and landscaping.
Coverage under FLSAThe FLSA is the Federal law which sets minimum wage, overtime, recordkeeping, and youth employment standards. This fact sheet provides
general information concerning coverage under the FLSA.
OvertimeThis fact sheet outlines the application of
overtime pay provisions of the FLSA.
Record keepingUnderstand required records, how long they should be retained and timekeeping guidelines with
this fact sheet on the FLSA's recordkeeping regulations.
Employment relationshipThe characteristics, requirements and typical problems are outline in
this fact sheet on employment relationship under FLSA.
For additional information, visit the Wage and Hour Division Website: www.wagehour.dol.gov and/or call the toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).
