DOL Recovers Nearly $600,000 on Behalf of Dozens of Construction Workers Who Were Denied Overtime Pay in Florida
On May 27th, 2025, the Department of Labor (DOL) announced the recovery of nearly $600,000 on behalf of dozens of construction workers in Florida. The workers in question were reportedly denied the full and fair overtime pay that they were entitled to under the Fair Labor Standards Act (FLSA). In this article, you will find a more detailed overview of the enforcement action.
Wage and Hour Enforcement: Unpaid Overtime
The DOL has confirmed the recovery of $594,313 in back wages and other damages on behalf of 419 employees of Amtex-NMS Inc. That company does business as Southeast Modular Manufacturing and it is based in Leesburg, Florida. A federal investigation revealed the company violated the Fair Labor Standards Act (FLSA). Specifically, the DOL determined that the Florida employer failed to pay required overtime wages to these workers. The company reportedly used a rounding method that consistently and systematically reduced recorded hours. In many cases, that resulted in the denial of workers time-and-a-half for hours over 40 per week.
Understanding Overtime Laws in Florida (FLSA Regulations)
Florida follows federal law for overtime pay. The FLSA is the key law that employers and employees should know about when it comes to overtime regulations. Here are some of the most important things to be aware of regarding the FLSA and overtime pay:
- 40-Hour Workweek Rule: Non-exempt employees must be paid overtime for every hour worked beyond 40 in a single workweek. That is true regardless of total hours worked in a day. Even if an employee never works more than 8 hours in a day, they can get overtime.
- Time-and-a-Half Pay: Under the FLSA, the overtime rate must be at least 1.5 times the employee’s regular rate of pay. That regular rate of pay must be properly calculated to include hourly wages, nondiscretionary bonuses, and certain commissions.
- Non-Exempt Status: Only employees classified as “non-exempt” under the FLSA are entitled to overtime pay. Classification is governed by a worker’s actual job responsibilities. If an employer misclassified a worker as exempt, they can face major penalties.
- Accurate Timekeeping is Required By Law: Employers are legally obligated to maintain complete and accurate records of hours worked. Faulty systems—such as biased rounding which occurred in this case—can result in wage and hour violations.
- No Waiver Allowed: FLSA requires overtime pay for nonexempt workers who work overtime hours. Employees cannot waive their right to overtime pay—even if they agree to it or request comp time instead. They must be paid overtime.
Overtime Violations are an Issue in the Construction Industry
Get Help From a Florida Wage and Hour Attorney Today
Wage and hour cases are complicated, especially unpaid overtime claims. If you are an employer or employee in the construction industry with any questions about an overtime case, please do not hesitate to contact an experienced Florida wage and hour lawyer for guidance and support.
