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June 10, 2011
DOL Sues State Agency for Alleged Overtime Violation, $1 Million in Back Wages

The Department of Labor (DOL) filed a lawsuit against the Texas Department of Family and Protective Services' Child Protective Services Division (CPS) in Austin seeking more than $1 million in back wages. The Texas agency is accused of failing to pay 800 current and former employees overtime compensation as required by the Fair Labor Standards Act (FLSA).

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Following an investigation, the department's Wage and Hour Division (WHD) determined that the employees were working "off the clock" rather than compensated for all hours worked. Additionally, supervisors were instructing employees not to record all of their hours worked. Further, required record keeping was not maintained.

The investigation by the WHD's San Antonio office, which started in June 2008 to the present, alleges that CPS willfully violated the FLSA by failing to pay employees for all hours worked over 40 in a week.

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