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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New York Secure Choice: A Guide for Employers After the Deadline

July 15, 2026
Over the past several months, New York employers have been preparing for the phased rollout of the New York Secure Choice Savings Program . With the final registration deadline for eligible employers with 10 to 14 employees now passing behind us, many business owners are asking the same question: What's next? Whether your business has already registered, certified an exemption, adopted a qualified retirement plan, or you're realizing you still have action to take, now is a good time to understand your options and make sure you're moving in the right direction. If You Haven't Taken Action Yet If your business was required to comply with the New York Secure Choice mandate and missed the deadline , don't assume it's too late to move forward. The first step is determining which path applies to your organization. Generally, employers have three options: Register for the New York Secure Choice Savings Program if you do not sponsor a qualified retirement plan. Certify an exemption if your business already offers a qualified retirement plan that satisfies the state's requirements. Establish a qualified private retirement plan if you decide that approach is a better fit for your business before completing the state's registration process. The important thing is to take action rather than continue waiting . Delays can create unnecessary compliance concerns, while addressing the requirement now can help you move forward with confidence. If you're unsure which option applies to your business, it's worth taking the time to understand your obligations before making a decision. Compliance Was the Starting Point, Not the Finish Line The Secure Choice program was created to expand access to retirement savings for employees whose employers do not offer a qualified retirement plan. For many businesses, however, the decision isn't simply whether to comply with the law. It's whether the retirement solution they choose aligns with their broader business goals. Questions worth asking include: Does our current retirement offering help us attract and retain employees? Is the administrative process efficient for our payroll and HR teams? Are employees receiving enough education to understand and use the benefit? Will this solution continue to work as our business grows? Compliance satisfies a requirement. A thoughtful retirement strategy can support your workforce for years to come. If You Chose Secure Choice, Continue Evaluating Your Needs For some employers, Secure Choice may be an appropriate fit. For others, it may serve as a starting point while they evaluate whether a private retirement plan would better support their organization over the long term. Private retirement plans often provide additional flexibility, expanded plan design options, employer contribution opportunities, and greater support for employee education . Depending on the provider, they may also integrate more seamlessly with payroll and HR systems , reducing manual administration. The right solution depends on your workforce, business goals, and administrative preferences. If You Certified an Exemption, Review It Periodically Some employers met the state's requirements because they already sponsor a qualified retirement plan. That doesn't necessarily mean there's nothing left to review. Take time to evaluate whether: Your current plan still meets the needs of your workforce. Employees understand and are participating in the benefit. Payroll and retirement processes remain efficient. Your provider and service model continue to support your organization. A retirement plan should evolve as your business does. Retirement Benefits Can Support More Than Compliance Retirement benefits are increasingly becoming part of how employees evaluate an employer. While compensation remains important, employees are also looking for organizations that invest in their long-term financial well-being. Offering a retirement benefit can help support recruitment, retention, and employee satisfaction while demonstrating a long-term commitment to your workforce . The conversations around retirement planning are no longer limited to large organizations. Businesses of all sizes are recognizing the role these benefits can play in building a stronger workplace. Take This Opportunity to Review Your Overall Strategy With the Secure Choice deadlines now complete, this is a natural time to step back and look at the bigger picture . Consider reviewing: Your retirement plan Payroll processes Employee communications Benefits strategy HR administration These areas often work best when they support one another rather than operating independently. Looking Ahead The deadlines may be behind us, but retirement planning is an ongoing process . Whether your organization enrolled in Secure Choice, sponsors a private retirement plan, or is still determining the best path forward after the deadline, taking action now can help you satisfy the state's requirements while putting a long-term retirement strategy in place. At Simco, we help employers understand the New York Secure Choice mandate, evaluate private retirement plan options, and align retirement benefits with payroll, HR, and broader workforce goals. If you're unsure what your next step should be, our team is here to help you navigate your options and move forward with confidence.

Employee Handbook Best Practices: What Makes One Truly Effective?

July 6, 2026
Ask a group of employers if they have an employee handbook, and most will probably say yes. Ask whether it's been reviewed recently, reflects how the business actually operates, or answers the questions employees ask every week, and the answers often become less certain. A handbook shouldn't exist simply because it's expected. When done well, it's one of the most practical tools an organization can have. It sets expectations, creates consistency, gives managers confidence, and helps employees understand how your workplace operates. It can also help reduce misunderstandings before they become larger issues. The difference isn't whether you have an employee handbook. It's whether your handbook is actually working for your organization. It Reflects the Way Your Business Operates Today Businesses evolve. Teams grow, technology changes, new laws are introduced, and workplace expectations continue to shift. Unfortunately, many handbooks don't keep up. Policies that were accurate three years ago may no longer reflect your current practices. Perhaps you've added remote or hybrid work, updated your PTO program, changed holiday schedules, introduced flexible work arrangements, or implemented new technology like AI. If your handbook doesn't match what employees actually experience day to day, it can quickly lose credibility. Employees notice when policies don't align with reality. Managers feel it too, especially when they're left explaining why the handbook says one thing while the business does another. A strong handbook should accurately represent how your organization operates today, not how it operated several years ago. It's Written for Employees, Not Just Attorneys Legal compliance is essential, but a handbook should also be understandable. If employees struggle to interpret a policy or have to ask HR what it really means, the handbook isn't doing its job. The most effective handbooks use clear, straightforward language without sacrificing accuracy. They answer common questions before they're asked and make it easy for employees to find the information they're looking for. The goal isn't to create a document that sounds impressive. The goal is to create one that people will actually read and reference. It Creates Consistency Across the Organization One of the biggest benefits of a well-written handbook often happens behind the scenes. When managers have a clear, up-to-date resource to rely on, they're more likely to answer questions consistently and apply policies fairly across departments. That consistency matters. Whether an employee is asking about time off, attendance expectations, workplace conduct, or leave policies, they should receive the same answer regardless of who they ask. Without that shared foundation, organizations often find themselves relying on memory, individual judgment, or "how we've always done it," which can lead to confusion and inconsistent employee experiences. It Evolves Alongside Employment Laws Employment laws don't stand still, and neither should your handbook. Federal, state, and local requirements continue to change, particularly in states like New York where employment laws evolve regularly. Even if your internal policies haven't changed, legal requirements may have. Scheduling a periodic handbook review helps ensure your policies remain aligned with current regulations while also giving you an opportunity to identify areas that could be clarified or improved. Rather than waiting several years for a complete rewrite, many organizations find it easier to make smaller updates as their business and legal obligations evolve. Employees Know It Exists and Can Easily Access It Even the best handbook has limited value if employees don't know where to find it. Whether it's provided digitally, through an employee portal, or as part of onboarding, employees should be reminded that the handbook is an active resource, not simply paperwork they signed on their first day. Encouraging employees to reference the handbook before questions arise helps build confidence and often reduces repetitive administrative questions for HR and managers alike. It Supports Your Culture, Not Just Your Policies A handbook isn't only about rules. It's also one of the first opportunities to communicate what your organization values and what employees can expect from working there. Your mission, workplace expectations, communication style, commitment to safety, approach to professional conduct, and philosophy around respect and accountability all help shape the employee experience. When those values are reflected consistently throughout the handbook, it becomes more than a policy manual. It becomes an extension of your workplace culture. A Simple Question Worth Asking If you handed your employee handbook to a new manager today, would they feel confident using it to answer employee questions and make everyday decisions? If the answer is "not quite," it may be time for a closer look. An effective handbook should provide practical guidance, reflect your organization's current practices, support compliance, and serve as a resource that employees and managers actually use throughout the year. More Than a Requirement An employee handbook shouldn't just help satisfy a requirement. It should become one of the most useful resources in your organization for employees, managers, and leadership alike. At Simco, we build customized, New York-compliant employee handbooks designed around each organization's policies, operations, and workforce. Every handbook is developed collaboratively, reviewed for compliance, and supported with ongoing legal updates to help ensure it continues to reflect both current employment laws and the way your business actually operates. A handbook is one of the few HR resources that nearly every employee will interact with. Investing the time to make it clear, accurate, and genuinely useful can benefit your organization long after it's published.

Insurance Tips for a Safe Fourth of July Weekend

July 2, 2026
The Fourth of July is one of the busiest weekends of the summer. Families gather for backyard barbecues, friends spend time on the lake, fireworks light up the night sky, and many people travel to enjoy a long holiday weekend. It's also a time when insurance claims tend to increase. Property damage, boating accidents, grill fires, theft, weather-related losses, and injuries can quickly turn a relaxing weekend into an expensive one. While no one wants to think about insurance during a holiday, taking a few minutes to prepare beforehand can help you avoid unnecessary stress later. Here are several areas worth reviewing before the celebrations begin. Review Your Home Before Guests Arrive If you're hosting family or friends, your home naturally becomes the center of activity. Walk around your property as if you were seeing it for the first time. Look for uneven walkways, loose deck boards, damaged railings, poor lighting, or tree limbs that could become hazards. These small maintenance items are easy to overlook during everyday life, but they become more important when your property is full of guests. For more on hosting-related liability, you can read our recent blog here . It's also a good time to make sure smoke detectors and carbon monoxide detectors are working properly, especially if you'll be grilling or using outdoor cooking equipment. Think Beyond the Grill Backyard grilling is one of the most popular Fourth of July traditions, but it also contributes to thousands of residential fires each year. Keep grills several feet away from your home, deck railings, fences, and overhanging branches. Never leave a grill unattended, and keep a fire extinguisher nearby in case something unexpected happens. If you're using propane, inspect hoses and connections before lighting the grill. A quick inspection takes only a minute but can prevent much larger problems. Fireworks and Your Insurance Many homeowners assume their insurance automatically covers any damage caused by fireworks. The reality is more nuanced. Whether damage is covered often depends on how the fireworks were being used, whether they were legal in your area, and the circumstances surrounding the incident. Even if you plan to attend a public fireworks display instead of lighting your own, remember that neighbors may not make the same choice. It's worth understanding what your homeowners policy covers before the holiday arrives, rather than trying to answer those questions after an accident. Spending the Weekend on the Water? Here in the Finger Lakes, many families spend Independence Day boating, kayaking, paddleboarding, or using personal watercraft. Before heading out, take a few minutes to confirm: Your boat registration is current. Required safety equipment is onboard. Life jackets are available for every passenger. Your insurance policy reflects how you actually use your boat. Some homeowners are surprised to learn that watercraft coverage under a standard homeowners policy is often limited. Smaller items like canoes, kayaks, or small sailboats may have some protection, but coverage can depend on the size of the watercraft, horsepower, value, and how it is being used. Larger boats, personal watercraft, and higher-value equipment often require a separate boat policy or additional endorsement. If you purchased a boat, jet ski, trailer, upgraded motor, or new equipment since last summer, now is the time to review whether your coverage matches what you actually own and how you plan to use it. Protect Outdoor Investments Outdoor living spaces have become significant investments for many homeowners. Patio furniture, grills, outdoor kitchens, televisions, landscaping, pergolas, and other backyard improvements all add value to your property. Before leaving for the weekend or during periods of severe weather, secure or store loose outdoor items that could become damaged or cause damage to neighboring property. If you're traveling, consider bringing portable electronics inside and using timers on interior lights to make your home appear occupied. Summer Storms Can Arrive Without Warning The Fourth of July often brings afternoon thunderstorms across our region. High winds, heavy rain, hail, and lightning can cause roof damage, fallen trees, power outages, and flooded basements. If severe weather is in the forecast: Secure outdoor furniture. Charge phones and backup batteries. Move vehicles into a garage when possible. Check gutters and nearby storm drains for debris. Review your emergency contact information. While you can't control the weather, a little preparation can reduce both damage and disruption. A Good Time to Review Your Coverage Holiday weekends often remind us just how much we have to protect. Whether it's your home, your boat, your vehicles, or the memories you're making with family and friends, insurance works best when it's reviewed before it's needed. If it's been a few years since you've looked closely at your homeowners, auto, or recreational vehicle coverage, this can be a good opportunity to make sure your policies still reflect your current lifestyle. Enjoy the Weekend with Confidence Independence Day is meant to be enjoyed, not spent worrying about what could go wrong. A little preparation today can help you focus on what matters most: spending time with family, making memories, and celebrating safely. At Simco Insurance & Wealth Management , we're proud to help individuals and families throughout the Finger Lakes protect what matters most. If you have questions about your homeowners, auto, boat, or other personal insurance coverage, our team is always happy to review your policies and help you understand your options before the unexpected happens.

Have a question? Get in touch.