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News and Information 09/16/2024   


US Department of Labor recovers $799K in back wages, damages owed to 110 employees denied overtime by Chicago-area car care centers

The court’s action was spurred by the filing of a complaint in district court after an investigation by the department’s Wage and Hour Division discovered Lekarczyk did not pay workers overtime at time and one-half their regular rate of pay for hours over 40 in a workweek or keep records of payments to workers, as required. The division found violations at the company’s Chicago locations at 2042 S. Halsted St. and 4660 W. Lawrence Ave. from at least June 23, 2020, to June 22, 2022, and at their 2744 Skokie Valley Road, Highland Park and 5600 New Wilke Road, Rolling Meadows locations between Oct. 21, 2020, and Oct. 20, 2022.

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Prohibition of sex discrimination

Minimum Wage Section 6

(1)No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.

(2)No labor organization, or its agents, representing employees of an employer having employees subject to any provisions of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1) of this subsection.

(3)For purposes of administration and enforcement, any amounts owing to any employee which have been withheld in violation of this subsection shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this chapter.

(4)As used in this subsection, the term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

Penn State to pay $703K, enter into conciliation agreement to resolve gender pay discrimination affecting 65 employees

Based on a compliance review by the department’s Office of Federal Contract Compliance Programs, the agency found that, since at least July 1, 2020, Penn State allegedly paid 65 women employees less than men holding similar positions in facilities operations and maintenance, extension education and senior administration jobs. This also included some female faculty in research professor roles at the College of Engineering and the Applied Research Laboratory and some female faculty in teaching professor roles at the College of Agricultural Sciences and the Donald P. Bellisario College of Communications.

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US Department of Labor recovers $43K in wages, damages from San Leandro restaurant that shortchanged 24 Bay Area workers

Investigation findings: A U.S. Department of Labor Wage and Hour Division investigation found the employer failed to pay overtime rates to employees paid in cash for hours over 40 in a workweek, a violation of the Fair Labor Standards Act. Investigators also found the restaurant paid a day-rate to others without regard for the number of hours worked for purposes of overtime pay requirements and failed to pay for some hours worked, which caused minimum wage violations. They also determined the owner and a manager kept a portion of employees’ tips, a common restaurant industry violation.

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