Many of the US Department of Labor enforcement actions and penalties have to do with Wage & Hour violations, which inspired our 2021 blog series on various related topics. Recently, we noticed a few other violations prompting action from the DOL, specifically:
- A Georgia hotel owner
- Paid flat salaries without regard to the number of hours worked, which led to minimum wage violations when average hourly wage rates fell below the federal minimum wage.
- Paid flat salaries and failed to pay time-and-one-half rate for overtime when workers exceeded 40 hours in a workweek.
- Engaged in discriminatory actions and violated workers’ federally protected rights when they retaliated against workers suspected of filing complaints.
- A New Jersey construction company was cited twice by OSHA for not providing fall protection, allowing unsafe ladder use, and failing to ensure eye protection at a worksite. The second violation was deemed “willful” and prompted an additional penalty. While this specific scenario is not relevant to health care, our industry does expose workers to other hazards from which they must be protected. Brushing up on OSHA regulations and assuring solid workplace practices will keep your workers safe and help your employer avoid needless scrutiny.
- A California McDonald’s franchisee was fined for employing minors in hazardous occupations; in this case, 18 minor employees loaded and operated indoor trash compactors. With summer approaching, many workplaces might be considering the hiring of high schoolers, for example, to help with certain tasks. Be sure to check Fair Labor Standards Act provisions for child labor and make sure your managers are especially informed about the tasks that minors can perform in your business.
Had these businesses employed qualified human resources and risk management personnel to advise them, these companies may have avoided unsafe and unlawful practices that landed them in hot financial water. Consider adding these individuals to your company roster, even in a consulting capacity.