Dozens of workers at La Primavera Supermarkets in Florida were denied overtime pay, and the U.S. Department of Labor has recovered just over $900,000 in back wages and liquidated damages.
The stores where the 75 employees were incorrectly categorized as overtime exempt were in Fort Pierce, Bradenton, and Sarasota. La Primavera Store Inc. did not pay the required time-and-one-half-rate for hours over 40 in a workweek, as required by the Fair Labor Standards Act.
Investigators found the employees did not meet certain criteria for exemption, including being paid at least $684 per week on salary, conducting managerial duties such as directing the work of two or more full-time employees, and having the authority to hire and fire employees.
“Employers who misapply exemptions and deny hard-working people all of their earned wages make it harder for workers to provide for themselves and their families,” said U.S. Department of Labor Hour Division District Director Daniel Cronin. “Under federal law, employers are responsible for making sure they comply with regulations that protect workers’ rights to their full wages, benefits, and protections.”
Additionally, the U.S. Department of Labor found that La Primavera Store also employed two 15-year-old workers who worked outside of legally allowed hours, in violation of federal child labor regulations. The workers in question performed duties past 7 p.m. between Labor Day and June 1 and more than 18 hours during school weeks.
La Primavera was handed a $1,582 civil money penalty to address the child labor violations.