Employer: Martinez Lawn & Irrigation Services Corp.
Investigation site: 320 Enterprise St., Ocoee, FL 34761
Investigation findings: U.S. Department of Labor Wage and Hour Division investigators found the employer misclassified some employees as independent contractors, and paid them straight-time rates for overtime hours worked. By doing so, the employer failed to pay these employees the extra half-time rate due for hours over 40 in workweek, a Fair Labor Standards Act violation. The employer also failed to maintain complete and accurate time and pay records.
Back Wages Recovered: The division recovered $32,511 in back wages for 42 workers.
Quote: “When employers misclassify employees as independent contractors, they illegally deny them their full wages, fail to pay benefits and payroll withholding for taxes and make it harder for workers to provide for themselves and their families,” said Wage and Hour Division District Director Wildalí De Jesús in Orlando, Florida.
“As employers continue to struggle to attract workers, they will find that employers who respect workers’ rights and protections will have an advantage in retaining and recruiting the people they need to operate their businesses,” De Jesús added.
Background: Martinez Lawn & Irrigation Services Corp. employs about 21 workers and carries out residential and commercial landscape maintenance in the Apopka, Florida, area.
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