According to a complaint filed by the Labor Department in June 2001, repair technicians were paid on a commissioned basis without a half-time premium when they worked more than 40 hours per week, as required by the Fair Labor Standards Act. Because the workers were paid on a commissioned basis, records of hours worked were not maintained. The complaint covered the period from Oct. 1, 1998 to June 1, 2001.
To determine the extent to which back wages were owed, the Labor Department sent a confidential questionnaire to each technician covered by the suit to obtain information about their jobs and the number of hours they worked each week. The workers' responses served as the basis for a back pay formula that Dent Wizard used to compute the wages due. The Labor Department reviewed and verified the company's computations.
Dent Wizard, without admitting any violations of the Fair Labor Standards Act, agreed to locate and distribute the back wage payments to each technician beginning Feb. 7 until Oct. 15, 2003.
"Dent Wizard worked cooperatively with the Labor Department to reach this settlement," says Secretary of Labor Elaine L. Chao. "The company has committed itself to comply with wage and hour standards that ensure workers receive all their hard earned pay."
otal of 969 Dent Wizard International Corporation workers in approximately 20 states will share $1.7 million in back pay as part of a major overtime pay settlement with the U.S. Department of Labor.