The U.S. Department of Labor plans increased enforcement of small-to-medium sized businesses after the September 2009 release of a 72-page report documenting what some call “rampant” violations of wage-and-hour laws by employers.

Martha Neil of the ABA Journal writes,

It [US DOL] is hiring 250 additional investigators to pursue claimed widespread practices by numerous employers of not paying the required minimum wage, not paying required overtime, and not allowing workers to take required breaks.

U.S. Secretary of Labor, Hilda Solis, issued a statement stating her department’s intention to audit small-to-medium sized employers.
According to Solis,
“During the first 6 months of the year, the Department of Labor (DOL) already has recovered more than $82 million in back wages for nearly 107,000 minimum wage workers.”

The U.S. DOL found the following violations:

  • 1 in 4 workers (26%) were paid below minimum wage.
  • 76% of those who worked overtime were not paid the required time and half.
  • 69% of the employees did not receive their meals breaks.
  • 70% of the employees did not get any pay for work performed outside their regular shift.
  • 30% of tipped employees were not paid their tipped worker minimum wage.
  • 57% of employees did not receive the mandatory pay stubs.
  • 89% of employees working in home child care were paid less than minimum wage.

DAS HR Consulting, LLC advises employers to review their job descriptions and ensure proper Fair Labor Standards Act (FLSA) status.