The U.S.
Department of Labor's Wage and Hour Division has resolved an
investigation against contractor CALNET Inc. and two subcontractors
providing language, intelligence and information technology services to
the U.S. Army at Ft. Irwin, Calif. The three companies had paid
employees improperly for on-call time.
Investigations conducted by the Wage and Hour Division determined
that prime contractor CALNET Inc. of Reston, Va., and subcontractors
Acclaim Technical Services Inc. of Huntington Beach, Calif., and McNeil
Technologies of Springfield, Va., violated the Fair Labor Standards Act
by not properly compensating workers for all on-call time, resulting
in overtime violations. The employers also were found to be in
violation of FLSA recordkeeping requirements for failing to maintain
proper records of the number of hours worked by employees and the
compensation they were paid.
The three companies have paid their employees a total of $1,060,554
in back wages owed for the period between October 2008 and October
2010. CALNET paid $676,698 to 597 employees.
Acclaim Technical Services paid $234,311 to 177 employees. McNeil Technologies paid $149,545 to 91 employees.
The FLSA requires that covered employees be paid at least the
federal minimum wage of $7.25 per hour for all hours worked, plus time
and one-half their regular rates of pay, including commissions, bonuses
and incentive pay, for hours worked beyond 40 per week. Employees must
also maintain accurate time and payroll records.
On-call time becomes compensable under the FLSA when the on-call
conditions are so restrictive or the calls to duty so frequent that the
employee cannot effectively use on-call time for personal purposes.