TECHNOLOGICAL SERVICES COMPANY PAYS $319K IN OVERTIME BACK WAGES TO 57 EMPLOYEES AT ROCHESTER, NEW YORK, LOCATION

EagleView Technologies Inc. erroneously classified employees as exempt from overtime pay

Employer name:  Pictometry International Corp., doing business as EagleView Technologies Inc., 25 Methodist Hill Drive, Rochester, N.Y. 14623

PREVENTION: The cause of these violations still need to be addressed after the Back Wages are Paid. The Employee Relations Group (TERG) have mitigated situations like the violations listed here to minimize damages paid. TERG would also put in place written policies and procedures to ensure the violations are properly addressed. We would also conduct random audits against the new policies and procedures to ensure on-going compliance. A complete audit of all existing recruiting documents should be done to ensure the financial damages paid are fixed internally before the FLSA intervenes.

Investigation findings: The U.S. Department of Labor’s Wage and Hour Division, Syracuse Area Office found the provider of technological services, such as aerial imagery and data analytics, classified 57 employees at its Rochester, New York, facility erroneously as administratively exempt from receiving overtime wages under the Fair Labor Standards Act(FLSA). The company also failed to keep time records for these individuals and did not include a non-discretionary yearly bonus in calculating employees’ overtime pay rates.

Back Wages Paid: $319,141 to 57 employees.

Background: Violation of Sections 13(a)(1), Section 13(a)(1) and Section 13(a)(17) of the FLSA.

Wage and Hour Division Rep. Quote: “Employers must understand they are responsible to pay all employees correctly for all the hours they work; failure to do so deprives employees of the wages they’ve earned,” said Wage and Hour Division Assistant District Director John Steves in Syracuse. “The U.S. Department of Labor provides numerous tools to help employers comply with the law, and we encourage employers and employees alike to contact us for assistance.”