After an investigation by the U.S. Department of Labor, a Texas company has paid $153,755 in back wages to 289 delivery drivers to resolve violations of the overtime requirements of the Fair Labor Standards Act (FLSA).
The Department of Labor investigation found that the company, which contracts with Amazon to provide package delivery, failed to pay drivers overtime when they worked more than 40 hours per workweek. The investigation found that the employer paid some employees flat rates per day, or for a fixed number of hours per day, without regard to the number of hours that they actually worked. By doing so, the employer violated FLSA overtime provisions by failing to pay time-and-one-half when employees worked more than 40 hours in a workweek.
Under the FLSA and state labor laws, non-exempt employees should be paid at a rate of one-and-one-half times their regular rate of pay for all hours they work over 40 in a workweek. For example, if the delivery drivers were making $15.00 per hour, all hours that they worked over 40 should have been paid at $22.50.
If you are a delivery driver and you believe you are being paid incorrectly or owed for your overtime wages, please call the attorneys at Pechman Law Group at the number 212-583-9500 to schedule a free consultation to discuss your labor rights.