Wage and Hour Case Studies - Today's DOL Violation Trends
September 28, 2022
Wage and Hour Case Studies - Today's DOL Violation Trends

The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) is tasked with enforcing employment laws that affect more than 148 million workers. The WHD enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act (FLSA), as well as the Family and Medical Leave Act (FMLA) and a number of other employment standards and worker protections. According to the DOL, the core enforcement obligations of the WHD’s investigators include conducting investigations to determine if employers are paying workers and affording them their rights as required by law; helping ensure that law-abiding employers are not undercut by employers who violate the law; promoting compliance through outreach and public education initiatives; and supporting efforts to combat worker retaliation and worker misclassification as independent contractors. In fiscal year 2021, the WHD collected $230 million in wages owed to 190,000 workers, the DOL reported.


Generally, the WHD will initiate an investigation after a current or former employee files a complaint. A WHD investigator may visit an employer to provide information about the application of and compliance with the laws administered

by the WHD. An investigator may also visit an organization to conduct interviews, examine time clocks and ensure all employment notifications are available to employees. Additionally, they may review up to three years of wage and hour records to determine whether there are any violations in an employer’s payroll practices.


In addition to complaints, the WHD selects certain businesses and industries for investigation. For example, the WHD often targets low-wage industries due to high rates of violations, the employment of vulnerable workers or rapid industry changes, such as growth or decline. Occasionally, several organizations in a specific geographic area will be examined.


At the start of 2022, the DOL announced an initiative to hire 100 additional WHD investigators, signaling a potential increase in enforcement in 2022 and beyond. This initiative means now is the time for employers to review their wage and hour practices to ensure compliance with all relevant laws.


This article contains case studies that explore the most recent, real-world examples of employers found to be in violation of wage and hour laws. The case studies include snapshots of violations and general guidance on how employers can prevent similar issues. Employers can examine these case studies to learn from the mistakes of others in comparable industries and avoid costly consequences.


Real-world Case Studies


TAMPA, FL—A DOL investigation uncovered child labor violations by a fast-food restaurant franchisee. The franchisee had to pay more than $12,000 in civil monetary penalties.


What went wrong:

  • The organization allowed 17 employees who were minors—between ages 14 and 15—to work past 7 p.m.
  • The organization also allowed minor employees to work more than three hours during a school day when doing so was not permitted.


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ROCHESTER, NY—A DOL investigation found that a health care agency failed to pay its home health care aids overtime wages. The organization was forced to pay more than $228,000 in back wages for the 260 affected workers.


What went wrong:

  • Although the organization paid its health care aids overtime for hours worked over 44, it failed to pay workers time-and-a-half wages for hours between 40 and 44 they worked per week.


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NEW ORLEANS—A DOL investigation discovered that two contractors misclassified their painters and drywall workers as independent contractors. The organizations were forced to pay more than $246,000 in back wages for 306 workers.


What went wrong:

  • One organization misclassified its workers as independent contractors.
  • The same organization also failed to pay workers time-and-a-half overtime wages after they exceeded 40 hours in a workweek and instead used their regular rate of pay.
  • Both organizations failed to maintain complete and accurate records of the hours their employees worked.
  • The DOL determined that a joint employment relationship existed between the two organizations and, as a result, they were both liable to pay back wages.


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ATLANTA—A DOL investigation found that the Georgia Department of Public Health wrongly disciplined and terminated an employee for absences protected under the FMLA. The department was ordered to pay more than $77,000 in back wages and reinstate the employee.


What went wrong:

  • The department denied the employee’s request for leave for an FMLA-qualified condition.
  • The employee’s denial of FMLA benefits resulted in wrongful discipline and subsequent termination.


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Avoiding Violations

As illustrated by the case studies, avoiding wage and hour violations isn’t always easy. Due to the complex nature of employment laws, compliance is an ongoing challenge for employers. Reviewing these laws and regulations infrequently or only a handful of times is rarely sufficient, but by reviewing these laws regularly, employers can keep their businesses compliant and their workers satisfied. Below is general guidance related to the issues discussed earlier, categorized by violation type.


Child Labor Violations

Hiring minors comes with greater employer responsibilities, as minors have a number of specific wage and hour protections. Failing to comply with laws protecting this worker segment can be particularly costly.


The DOL recently publicized investigations uncovering child labor law violations. The WHD’s recent investigations of three grocery store operators in Idaho and Oregon resulted in more than $240,000 in civil penalties and $114,382 in unpaid overtime and liquidated damages for 266 employees. From 2017 to 2021, the DOL identified more than 4,000 cases of child labor law violations, finding more than 13,000 youth-aged workers employed in a violation.


In the Tampa, Florida, case study detailed in this article, minors were allowed to work later and more often than permitted by law. All of these instances are violations of the child labor provisions of the FLSA. Perhaps this was due to a shortage of workers, and only minors were available for specific positions and hours. Despite challenges in the current labor market, employers must remain compliant with all relevant state and federal laws governing child labor.


Employers should also consider regularly consulting with attorneys to ensure policies and practices are up to date and compliant.


Overtime Violations

The FLSA requires employers to pay covered nonexempt employees overtime wages—at a rate of time-and-a-half—if they exceed 40 hours in a workweek. Some companies utilize a variety of tactics to avoid paying these wages, including those that are unlawful.


In this article’s Rochester, New York, case study, the health care agency maintained and followed a practice in which home health care aids were paid straight time until they had worked more than 44 hours in a week. However, these employees were eligible for overtime pay once they had worked more than 40 hours. This case study demonstrates the importance of properly constructed and regularly reviewed workplace policies and manager training. Consulting with experts and having them review policies prior to their enforcement could save employers tens of thousands of dollars down the line. According to the DOL, employers may also contact the WHD to ensure they understand their responsibilities and avoid similar violations.


Employee Misclassification

One of the most serious problems facing employers is the misclassification of employees as independent contractors. Under the FLSA, employees are entitled to basic workplace protections that do not extend to independent contractors, such as minimum wage, overtime pay, protected FMLA leave, antidiscrimination and antiretaliation protections, workers’ compensation and unemployment insurance. The WHD is responsible for determining whether an employee has been misclassified as an independent contractor. Employers who misclassify workers may be forced to pay back wages, liquidated damages, attorneys’ fees and costs.


In the New Orleans, Louisiana, case study examined in this article, one contractor misclassified its workers as independent contractors. The workers were paid straight-time rates for all hours they worked. Because these workers were employees, they should have been paid time-and-a-half wages after they surpassed 40 hours in a workweek. Both contractors were also required to keep complete and accurate records of all hours their employees worked. This case reveals the importance of correctly classifying workers at the outset of the relationship and ensuring accurate and complete records are kept.


Sometimes it can be difficult to determine whether a worker is an employee or an independent contractor. However, seeking legal advice in these situations can help curtail potential violations and costly mistakes.


FMLA Violations

The FMLA protects workers who need to take a prolonged absence due to a qualified family or medical reason. This law was enacted so employees could deal with serious and potentially unexpected life circumstances without losing their jobs. Yet, an employee can follow all proper procedures, and an untrained or uninformed manager may still violate the law, resulting in costly consequences.


In this article’s Atlanta, Georgia, case study, the Georgia Department of Public Health wrongly denied the employee’s request for FMLA leave, believing the employee’s condition did not qualify for leave. As a result of the denied leave request, the employee was disciplined and subsequently terminated due to absences related to their FMLA-qualified condition. Employers must be aware of conditions that qualify for FMLA leave to avoid wrongfully disciplining or terminating otherwise protected employees.


FMLA violations can be particularly costly, as they may involve paying back employees’ lost wages and reinstating lost benefits. Employers need to ensure managers, employees and other stakeholders understand their FMLA rights. This includes knowing how to submit FMLA requests, understanding situations that might qualify for FMLA leave and comprehending workplace guarantees that come with this leave (e.g., job protection). Understanding these details can help prevent wrongful termination and significant monetary penalties.

 

Conclusion

These wage and hour violation case studies demonstrate how easy it can be for an employer to face challenges related to wage and hour regulations. That’s why it’s so important for employers to seek professional guidance before making potentially costly decisions. By learning from these employers’ mistakes, others in similar industries can avoid major violations and prevent DOL audits.

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April 9, 2026
April is Financial Literacy Month, and most of the conversation tends to focus on individuals. Budgeting, saving, managing debt, planning for retirement. All important topics, but often framed as personal responsibilities. What gets overlooked is how much of an employee’s financial life is shaped at work. From how pay is structured, to how benefits are communicated, to whether retirement options are understood or even used, employers have a direct influence on how confident and informed employees feel about their finances. It is not always intentional, but it is significant. Where Financial Literacy Shows Up at Work For many employees, the workplace is the primary place where financial decisions are made or reinforced. Think about what flows through an employer: Paychecks and how they are calculated Tax withholdings and deductions Health insurance contributions Retirement plan participation and employer match Bonuses, commissions, and variable compensation These are not small details. They are the building blocks of how employees understand their income, manage expenses, and plan for the future. When those elements are clear and easy to navigate, employees tend to feel more in control. When they are confusing or inconsistent, it can lead to frustration, disengagement, or avoidable financial stress. The Reality: Many Employees Are Still Guessing Even in well-run organizations, it is common for employees to have gaps in understanding. Questions like: “Why did my paycheck change this period?” “What exactly is being deducted from my pay?” “Am I contributing enough to my 401(k)?” “How does my health plan actually impact my out-of-pocket costs?” These are not uncommon, and they are not always asked out loud. When employees are unsure, they often make assumptions or avoid decisions altogether. That might mean underutilizing benefits, delaying retirement contributions, or feeling less confident about their financial situation overall. Why This Matters More Than It Seems Financial literacy is not just a personal issue. It has a direct impact on the workplace, and employees who feel financially uncertain are more likely to: Experience stress that carries into the workday Be distracted or less engaged Delay important decisions like retirement planning Ask more reactive questions that take time to address On the other hand, when employees understand how their pay and benefits work, there is a noticeable shift. Communication becomes easier. Trust increases. Fewer issues escalate into larger problems. It is not about expecting employees to become financial experts. It is about creating an environment where information is clear and decisions feel manageable. Where Employers Have the Most Influence Employers do not need to overhaul their entire approach to make an impact. In many cases, financial clarity improves when existing processes are just a little more intentional. A few areas tend to have the biggest influence: Payroll Transparency Pay statements should be easy to read and consistent. Employees should be able to quickly understand their gross pay, deductions, and net pay without needing to ask for clarification every time something changes. Even small improvements in how payroll information is presented can reduce confusion. Benefits Communication Open Enrollment is not the only time benefits need explanation. Employees often need reminders and context throughout the year. Clear explanations around what plans cover, how contributions work, and how to use benefits in real scenarios can make a meaningful difference. Retirement Plan Engagement Offering a retirement plan is one thing. Helping employees understand how to use it is another. Employers who provide basic education around contribution levels, employer match, and long-term impact tend to see stronger participation and better outcomes. Consistency Across Systems When payroll, benefits, and HR systems do not align, employees feel it. Conflicting information or multiple places to find answers creates friction. Even if the underlying services are strong, the experience can feel disjointed if everything is not connected. Financial Literacy as a Workplace Advantage Financial Literacy Month is a good reminder that supporting employees in this area is not just a benefit. It is part of how a business operates. Employers who prioritize clarity tend to see:  Fewer payroll and benefits questions More confident employees Better utilization of offered benefits Stronger overall engagement It does not require a complete redesign. Often, it is the result of tightening communication, simplifying access to information, and making sure systems are working together. At Simco, this is something we see regularly. When payroll, HR, benefits, and retirement services are aligned, it becomes much easier for employers to provide a clear and consistent experience without adding more administrative burden. A Few Practical Steps to Start With If Financial Literacy Month is a prompt to take action, it does not need to be complicated. A few focused steps can go a long way: Review a sample of employee pay statements and ask if they are easy to understand at a glance Look at how benefits information is shared outside of Open Enrollment and where there may be gaps Check that retirement plan details, including employer match, are clearly communicated and easy to access Identify whether employees have one clear place to go for payroll, benefits, and HR information Ask managers or HR team members what questions they are hearing most often from employees These are simple starting points, but they often reveal where clarity can be improved. Looking Ahead Financial literacy does not need to be a separate initiative. It is already built into the way employers manage pay, benefits, and communication. April is a good reminder to take a closer look at how those pieces are working together. When employees understand their finances at work, they are more confident, more engaged, and better positioned to make informed decisions. That benefits both the individual and the organization over time.
March 10, 2026
By early spring, most organizations have settled into the rhythm of the new year. Payroll cycles are running, benefits elections have taken effect, and hiring plans are starting to move forward. It is also around this time that small administrative issues tend to surface. A deduction that was entered incorrectly. A PTO balance that does not quite look right. A job description that no longer reflects what someone actually does day to day. None of these problems usually start out as major concerns. But when they go unnoticed for months, they can create compliance risks, payroll corrections, or frustrating employee experiences later in the year. Taking a little time now to review a few core HR and payroll areas can help catch issues early and keep your systems running the way they should. 1. Payroll Deductions and Employee Pay Accuracy Payroll errors rarely happen because someone intentionally entered the wrong information. More often they occur because small changes throughout the year were not reflected consistently across systems. Spring is a good time to review payroll deductions line by line and make sure everything matches current elections and agreements. Start by checking: Health, dental, and vision deductions against current benefit elections Retirement contributions and employer match calculations Garnishments or wage attachments that may have started or ended Bonus or commission structures tied to payroll calculations It is also worth confirming that salary adjustments made at the start of the year were properly applied across payroll and HR records. A mismatch between HR systems and payroll can create issues that compound over time. Run a payroll audit report if your system allows it. Compare gross wages, deductions, and net pay for a sampling of employees across departments. Look for unusual fluctuations or rounding inconsistencies. Even one small discrepancy can create confusion for employees and require retroactive corrections later. 2. PTO Balances and Accrual Policies Paid time off policies can quietly become inconsistent if they are not reviewed periodically. Accrual rules may have changed, new hires may have different policies than long-tenured employees, and carryover limits can easily be overlooked. Take time this spring to verify that PTO balances reflect the rules outlined in your employee handbook. Focus on questions such as: Are accrual rates being applied correctly based on tenure? Are carryover limits being enforced as expected? Have any manual adjustments been made that need documentation? Do employees clearly understand how their PTO accumulates and resets? This review also helps identify employees who may have unusually high PTO balances. Addressing those early can help avoid operational challenges later in the year when many employees begin using vacation time. 3. Employee Classification and Job Roles Misclassification remains one of the most common compliance risks employers face. Over time, job responsibilities evolve, and a position that once qualified for a particular classification may no longer meet the criteria. Use this time to review whether employees are properly classified as exempt or non-exempt under wage and hour laws. Look closely at: Employees who received promotions or expanded responsibilities Positions that involve supervisory duties Roles that combine administrative and operational tasks Job descriptions should accurately reflect what employees actually do day to day. If responsibilities have shifted significantly, the classification may need to be reevaluated. Clear documentation is important here. Updated job descriptions help support classification decisions and provide clarity for both employees and managers. 4. Employee Handbook and Workplace Policies Policies that felt current a year ago may now need adjustments. Workplace expectations evolve quickly, and spring is a practical time to review whether your handbook reflects the way your organization actually operates. Pay particular attention to policies related to: Remote or hybrid work expectations Use of artificial intelligence tools in the workplace Timekeeping and attendance procedures Workplace conduct and communication standards It is also wise to confirm that any state-specific policies remain compliant with current regulations. If your workforce spans multiple states, small policy differences may need to be addressed. Updating a handbook does not necessarily mean rewriting the entire document. Sometimes a few targeted revisions can ensure employees have clear guidance and leadership has consistent standards to follow. 5. Benefits Eligibility and Employee Status Changes Benefits eligibility errors can happen when employee status changes are not updated in a timely manner. Review employees who experienced changes during the past several months. This includes individuals who moved from part-time to full-time status, those who returned from leave, and employees who changed departments or compensation structures. Make sure eligibility for benefits matches the organization’s plan requirements. Check that: Newly eligible employees were offered enrollment opportunities Terminated employees were removed from benefit plans promptly COBRA notifications were issued when required Dependent eligibility rules are being followed consistently Even minor oversights in this area can create complications with carriers or leave employees temporarily without the coverage they expect. 6. Workers’ Compensation Classifications Workers’ compensation classifications often remain unchanged year after year, even when job duties evolve. If employees begin performing different tasks than originally described, their classification may no longer match the level of risk associated with the role. Incorrect classifications can lead to inaccurate premium calculations and potential audit findings later. Take time to review job roles that involve: Operational or physical work environments Field service or travel responsibilities Equipment use or safety considerations Confirm that the workers’ compensation codes associated with these positions still reflect the work being performed. Employers who review this annually are often better prepared when insurance audits occur. 7. HR and Payroll System Alignment Finally, look at how your HR and payroll systems interact with each other . Many organizations rely on multiple platforms for HR, payroll, benefits administration, and reporting. When systems do not communicate effectively, teams often compensate by manually transferring data between them. That can create hidden inefficiencies and increase the chance of errors. Ask yourself: Are employee records consistent across all systems? Are onboarding updates automatically reflected in payroll and benefits platforms? Are reporting tools pulling accurate workforce data? For some employers, this review reveals that processes have become more manual than intended. Working with a partner that integrates HR, payroll, benefits, and insurance services can make much of this coordination significantly easier. At Simco , we help employers align these systems so information flows more smoothly and administrative teams spend less time reconciling data. A Small Review Now Prevents Bigger Issues Later Spring reviews do not have to be complicated or time-consuming. Even a few focused hours reviewing payroll accuracy, employee classifications, and benefits records can uncover issues that are much easier to fix now than later in the year. Employers who take time to review these areas early often avoid the mid-year scramble that happens when small inconsistencies finally surface. A short operational check-in today can help ensure the rest of the year runs more smoothly for both your leadership team and your employees.
March 5, 2026
Auto insurance is something most people set up once and rarely revisit. As long as the policy is active and premiums are paid, it’s easy to assume everything is working as it should. But over time, vehicles change, driving habits evolve, and insurance needs shift. Many drivers unknowingly make small decisions that can leave them underprotected, overpaying, or surprised when a claim occurs. Here are five common auto insurance mistakes drivers make without realizing it, and how a quick review of your coverage can help prevent them. 1. Carrying Only the State Minimum Coverage Many drivers assume that if they meet their state’s minimum insurance requirements, they’re fully protected. In reality, minimum coverage is typically designed to satisfy legal requirements, not necessarily to protect you financially in a serious accident. For example, New York requires drivers to carry at least: $10,000 for property damage for a single crash $25,000 for bodily injury (and $50,000 for death) for one person in a crash $50,000 for bodily injury (and $100,000 for death) for two or more people in a crash These limits allow a vehicle to be legally registered and operated in New York State, but they may not fully cover the costs associated with a major accident, particularly as medical expenses and vehicle repair costs continue to rise. Because of this, many drivers choose higher liability limits to better protect their assets in the event of a serious claim. 2. Assuming Your Policy Automatically Keeps Up With Life Changes Insurance policies don’t automatically adjust when life changes. Yet many drivers forget to update their coverage when their circumstances shift. For example, adding a teenage driver to the household, purchasing a newer or more expensive vehicle, or even relocating to a different area can all affect the type and amount of coverage you may need. Common life events that should trigger a policy review include: Moving to a new home or state Adding a new driver to the household Buying or leasing a new vehicle Changing how often or how far you drive Using your vehicle for business or gig work If your insurer isn’t aware of these changes, your coverage may not accurately reflect your current situation, which could create complications or delays if a claim ever occurs. 3. Overlooking the Risk of Being Underinsured A surprising number of drivers carry coverage that is technically valid but insufficient for real-world risks. While the policy may meet legal requirements, it may not fully protect against the financial impact of a serious accident. This is especially important when considering uninsured and underinsured motorist coverage . If another driver causes an accident but does not have insurance, or carries only minimal coverage, these protections may help cover injuries or losses that the at-fault driver’s policy cannot. In situations involving medical bills, lost wages, or long-term injury, the costs can quickly exceed basic policy limits. Without adequate protection in place, drivers may find themselves responsible for expenses they assumed would be covered. 4. Choosing Deductibles Without Reassessing Them Deductibles often get set once and then forgotten. Over time, however, a deductible that once made sense might no longer align with your financial situation or your comfort level with risk. For example: A higher deductible may lower your premium but increase out-of-pocket costs after a claim. A lower deductible may offer more predictable costs during a claim but can result in higher monthly premiums. As vehicles age or financial circumstances change, it may make sense to revisit this balance. Some drivers choose to increase deductibles once they have built savings for emergencies, while others prefer lower deductibles to reduce uncertainty in the event of an accident. Periodically reviewing this choice ensures your policy reflects both your budget and your risk tolerance. 5. Not Reviewing Your Policy Regularly Auto insurance is not meant to be a “set it and forget it” decision. Coverage that made sense a few years ago may no longer reflect your vehicle’s value, your driving habits, or today’s repair and liability costs. Vehicle repair costs, parts availability, and accident-related expenses have all changed significantly in recent years. New vehicle technology, advanced safety systems, and rising labor costs have made repairs more expensive than many drivers realize. Taking a few minutes once a year to review your policy can help ensure your coverage keeps pace with these changes and continues to provide the protection you expect. A Quick Coverage Review Can Make a Big Difference Many auto insurance mistakes aren’t about reckless driving or major oversights. More often, they happen simply because policies are rarely revisited. A quick review can help you: confirm liability limits still make sense evaluate deductibles and coverage options account for life or vehicle changes identify potential gaps before a claim occurs Making Sure Your Coverage Still Fits At Simco Insurance & Wealth Management, our licensed agents review coverage across multiple carriers to help individuals and families find solutions that fit their needs and budget. If it has been a while since you reviewed your auto insurance, taking a fresh look may help ensure your policy still provides the protection you expect. Because when it comes to insurance, the most expensive mistakes are often the ones people never realize they’re making.

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