US Department of Labor Orders Dr. Dhaval Shah to Pay Overtime to Employees
Dr. Dhaval Shah owner of the Clinical Infectious Diseases Specialist will pay $43,247 in back wages and liquidated damages to 51 employees after a U.S. Department of Labor’s Wage and Hour Division (WHD) investigation found violations of the overtime provisions of the Fair Labor Standards Act (FLSA).
WHD investigators found Dr. Shah failed to pay his employees overtime when they worked more than 40 hours in a workweek. Instead, Shah paid them straight time hourly rates without regard to the number of hours that they worked. On average, the underpaid employees worked 52 hours per week.
“Employers are responsible for ensuring that they pay employees all the wages they have legally earned and for keeping accurate records of their hours,” said Wage and Hour Division District Director Gaspar Montanez, in Las Vegas, Nevada.
The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.
The Act applies on a workweek basis. An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.
The complete investigative report will be posted soon.