TUSCALOOSA, Ala. — Maldonado Roofing LLC – based in Tuscaloosa, Ala. – will pay $57,428 in back wages, overtime, and fringe benefits to 41 employees.
The payment was ordered after a U.S. Dept. of Labor Wage and Hour Division investigation found the employer violated requirements of the Davis-Bacon and Related Acts (DBRA), the Contract Work Hours and Safety Standards Act (CWHSSA), and the Fair Labor Standards Act (FLSA).
According to a U.S. Dept. of Labor press release, WHD investigators found that Maldonado Roofing LLC failed to pay one employee for overtime hours worked on a Davis-Bacon Act covered project, resulting in a violation of the CWHSSA.
The employer also failed to pay several employees overtime when they worked more than 40 hours in a workweek on a commercial project as required by the FLSA.
Additionally, Maldonado Roofing failed to submit accurate certified payroll records and maintain accurate records of the number of hours employees worked, as required by the Davis-Bacon Act. Investigators also found the employer violated FLSA recordkeeping requirements by failing to maintain accurate daily records of the number of hours employees worked.
Maldonado Roofing LLC performs metal roofing installation and has been contracted to install the roofing at the Edge Business Resource Center – a project funded by the U.S. Dept. of Housing and Urban Development. The DBRA requires contractors and subcontractors performing work on federal and certain federally funded projects to pay workers prevailing wage rates and fringe benefits as determined by the U.S. Secretary of Labor and as included in their contracts.
"Employers who do not pay legally required overtime gain an unfair advantage over those who do," said Wage and Hour Division District Director Kenneth Stripling, in Birmingham.
Roofing Contractor has covered the issue of wages and overtime in the past, including a 2016 column about the U.S. Dept. of Labor's changes to overtime rules.