The U.S. Department of Labor (DOL) has recovered $154,009 in back wages and liquidated damages from Primex Plastics Corporation. According to the agency, the plastics manufacturer had failed to include bonus payments when calculating overtime for 743 workers. The issue was discovered by the DOL’s Wage and Hour Division while examining the company’s records from June 27, 2020, to June 26, 2022. Primex Plastics must also pay $128,589 in civil money penalties to the department for the willful nature of the violations.
Primex Plastics has a history of violating federal overtime regulations. The company had to pay $3,246 in 2002 for two salaried workers legally owed overtime. In 2010 and 2011, Primex Plastics had to pay $203,960 in back wages to 991 workers for failing to include bonuses in overtime calculations for hourly employees and material handlers that were incorrectly categorized as exempt from overtime.
What people are saying
In a recent quote, Wage and Hour Division District Director Steven Salazar said, “Employers must pay qualified workers overtime for hours over 40 in a workweek and include non-discretionary bonuses, such as those based on attendance or on quality and accuracy of work, when calculating overtime wages. Our investigation found Primex Plastics Corp. left bonuses out of their overtime calculations and, in addition to being liable for more than $150,000 in wages and damages, the company paid significant penalties for their violations.”
“Despite receiving information from our investigators about how to comply during multiple investigations, Primex still failed to pay employees their lawfully owed wages correctly,” added Salazar. “In cases like this one, where employers repeatedly violate workers’ rights, the department will pursue additional penalties to hold employers accountable.”
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