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Employment
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Bottler in Puerto Rico Pays 88 Employees
$200,000 in Overtime Back Wages Following
U.S. Labor Department Investigation
GUAYNABO, Puerto Rico -- CC1 Limited
Partnership, doing business as Coca-Cola Puerto Rico Bottlers,
an independent beverage distributor in Bayamn, Puerto Rico, has
paid 88 employees $200,000 in overtime back wages as the result
of a U.S. Labor Department Investigation.
According to David R. Heffelfinger, district
director of the Labor Departments Wage and Hour Division in
Guaynabo, an investigation found employees were not properly
compensated for all the hours they worked, and that the employer
had improperly classified delivery drivers as exempt from
overtime pay. These misclassified workers were paid a salary
plus commissions with no overtime premium compensation.
He explained that the company claimed the
outside sales exemption from overtime pay for these employees
but the investigation uncovered that these delivery route
drivers had not engaged in sales. They simply transported
company products to various vending machine locations, stocked
the machines and made sure they were operating properly. The 88
workers due the back wages included 54 employees and 34 former
employees.
The Fair Labor Standards Act (FLSA) requires
that employees be paid at least the applicable federal minimum
wage and time and one-half their regular rate of pay for hours
worked more than 40 in a workweek unless otherwise exempt.
Employers must also maintain accurate records of employees
wages, hours and other conditions of employment.
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