The U.S. Department of Labor announced that it recovered $154,009 in back wages and liquidated damages from Primex Plastics Corporation, an international plastics manufacturer that willfully failed to include bonus payments when calculating overtime for 743 workers.
The action follows a review of company records and a consent decree, where Primex agreed to pay back wages and damages identified in an investigation by a Wage and Hour Division investigation.
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Primex must also pay $128,589 in civil money penalties to the department for the willful nature of the violations.
“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,” explained Wage and Hour Division District Director Steven Salazar in Atlanta. “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.”
Primex previously violated federal overtime regulations, which led to the division recovering more than $3,000 for two salaried workers illegally owed overtime in 2002.
Additionally, in 2010 and 2011, the company failed to include bonuses in overtime calculations for hourly employees and material handlers incorrectly categorized as exempt from overtime, resulting in payment of nearly $204,000 in back wages to 991 workers.
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