HOUSTON – More than $100,000 has been recovered by the US Department of Labor after an investigation determined a Houston car wash chain denied overtime pay to 92 of its workers.
The U.S. Department of Labor’s Wage and Hour Division said during the investigation, it found that the car wash chain only paid straight time for hours that the employees worked without covering any overtime premium for when the employees worked over 40 hours a week. They also said the company did not include sales commission in the regular rate for overtime purposes, which is a violation of the Fair Labor Standards Act.
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The employer also failed to keep complete and accurate records of the number of hours the employees worked and categorized the pay for hours worked over 40 as commission payment, according to the U.S. Department of Labor.
“When workers in low-wage industries are illegally denied overtime pay, it is difficult for them to make ends meet and care for their families,” said Wage and Hour Division District director Robin Mallett in Houston. “Federal law requires that employers pay workers all their hard-earned wages, including overtime pay for hours worked over 40 in a workweek. Dr. Car Wash Plus denied workers overtime pay by categorizing the pay as commission. We encourage employers to contact us with any questions regarding their obligations under the law.”
Employers can contact the Wage and Hour Division at its toll-free number: 1-866-4-US-WAGE. The division also offers numerous online resources for employers, such as a fact sheet on the FLSA’s overtime pay requirements. Workers who feel they may not be getting the wages they earned may contact a Wage and Hour Division representative in their state by accessing the list of offices and an interactive online map on the agency’s website. Workers and employers alike can help ensure hours worked and pay are accurate by https://www.dol.gov/agencies/whd/timesheet-app.
The employees worked at the following car washes:
Westheimer Car Wash LLC, 12810 Westheimer Road, Houston (Headquarters)
Hobby Car Wash LLC, 7991 Bellfort Ave., Houston
Cypress Car Wash LLC, 12702 Jones Road, Houston
Cy Fair Car Wash LLC, 2030 S. Texas 6, Houston
Spring Car Wash LLC, 6880 Louetta Road, Spring
Richmond Car Wash LLC, 1620 FM 359 Road, Richmond