The U.S. Department of Labor announced the filing of a consent judgment in a case against CEMEX Inc. and the recovery of $1,514,449 in overtime back wages for 1,705 current and former ready-mix drivers who worked in eight states.  CEMEX is the United States' largest supplier of cement and ready-mix concrete, as well as an important producer of aggregates, concrete blocks and other building materials.

The Labor Department's Wage and Hour Division began a local investigation in Tampa, Fla., which disclosed systemic overtime violations resulting from the employer's failure to compensate "pay-per-load" employees with premium pay for hours that they worked more than 40 in a workweek. The investigation was then expanded to cover affected CEMEX employees in Arizona, California, Georgia, New Mexico, North Carolina, South Carolina and Texas.

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rate of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers must also maintain accurate time and payroll records.

Editor's note: Could this have been avoided by training supervisors and employees about the FLSA and overtime pay requirements?  An ounce of prevention is worth a pound of cure ....