Florida Contractor Pays $124,075 in Back Wages, Benefits After U.S. Department of Labor Finds Violations on Federal Construction Contract

HIALEAH, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Roepnack Corp. – a construction contractor based in Miami Beach, Florida – has paid $124,075 in back wages and fringe benefits to 20 employees, for violating the Fair Labor Standards Act (FLSA), the Davis-Bacon and Related Acts (DBRA) and the Contract Work Hours and Safety Standards Act (CWHSSA).

WHD investigators determined that Roepnack Corp. failed to pay required prevailing wages to ironworkers, forklift operators, carpenters, truck drivers and laborers for work they performed at Seminola Development, a Hialeah senior living facility, under a contract funded by the U.S. Department of Housing and Urban Development. The employer also failed to pay some employees required fringe benefit rates for the hours they worked on that project. In addition, WHD found the employer failed to pay employees overtime when they worked more than 40 hours in a workweek, and failed to record the number of hours employees worked.

“All contractors and sub-contractors must ensure they understand all of the requirements associated with performing work on federally funded construction projects,” said Wage and Hour Division District Director Tony Pham, in Miami, Florida. “When employers fail to comply with labor laws, it affects the welfare of their employees and undercuts other employers competing for federal contracts. We encourage all employers to contact us for guidance to avoid violations like those found in this case and ensure workers receive the wages they have earned.”

The DBRA requires contractors and subcontractors performing work on federal and certain federally funded projects to pay workers prevailing wage rates and fringe benefits as determined by the U.S. Secretary of Labor and as included in their contracts.

For more information about the FLSA, DBRA, CWHSSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/whd.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act. WHD also enforces the paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.