Salem wildfire-fighting company fined for violating overtime laws, hiring underage workers
Virginia BarredaA Salem wildfire-fighting and roofing company has been slapped with a hefty fine after violating overtime and recordkeeping laws and hiring four underage workers.
West Coast Reforestation Inc. will have to pay $73,383 to 26 employees for overtime violations and another $7,239 in civil penalties for disobeying child labor requirements, according to a release from the Department of Labor's Wage and Hour Division.
The violations under the Fair Labor Standards Act occurred between Jan. 16, 2017 and Jan. 15, 2019, according to labor's Regional Public Affairs Director Leo Kay.
The company signed an informal settlement agreeing to pay the fines, Kay said.
Wage and Hour Division investigators found the company did not give production bonuses or make daily payments to some workers when calculating driving time, which counts as overtime. As a result, employers were paying overtime rates that were lower than those required by law.
"The employer failed to recognize and count certain hours worked as compensable hours," Kay said. "For example, time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked."
Additionally, West Coast Reforestation did not keep accurate time records, according to Kay.
“Employees must receive all the wages they have legally earned, so that employers who comply with the law compete on a level economic playing field,” said Thomas Silva, Wage and Hour Division District Director in Portland.
Separately, investigators found that the company illegally hired four employees under 18 to work on roofs. While 18-year-olds may work an array of jobs, roofing activities are considered too dangerous for minors, Kay said.
“These types of violations can be avoided," Silva said. "We encourage employers to reach out to us for information and assistance in understanding their responsibilities. Particularly when minor employees are involved, understanding the rules is critical.”
West Coast Reforestation sent the following statement to the Statesman Journal in response to the violations:
"As part of its efforts to reward its employees, West Coast Reforestation has offered generous year-end bonuses. It was regrettably unaware of the regulations that required such bonuses to be factored into overtime calculations, but has now corrected that error. West Coast Reforestation has and will continue to make every effort to offer generous compensation to its employees, consistent with applicable law, and to fully cooperate with the Department of Labor."
Employers are asked to report any overtime or minimum wage violations to Payroll Audit Independent Determination, a program that resolves those claims without litigation.
Those looking for more information about the FLSA and other laws enforced by the Wage and Hour Division can contact the helpline at 866-487-9243. Information is also available on the U.S. Department of Labor website, which includes a search tool for workers who may be owed back wages collected by the WHD.
West Coast Reforestation Inc.is a privately-owned company established in 1999.It is located at 3380 Portland Road NE in Salem.
Virginia Barreda is the Breaking News Reporter at the Statesman Journal. She can be contacted at 503-399-6657 or at vbarreda@statesmanjournal.com. Follow her on Twitter at @vbarreda2.
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