Update: Feds fine ASPA for overtime violations, 180 to get back pay

Pago Pago, AMERICAN SAMOA — A USDOL Wage and Hour Division (WHD) investigation has found that the American Samoa Power Authority violated overtime requirements of the federal Fair Labor Standards Act (FLSA) and will pay $110,865 to 180 employees, according to the federal agency.

USDOL announced the violation in a national news release, which didn’t specify when the violation occurred or the time-frame covered in the investigation.

Responding to Samoa News follow-up questions, a USDOL spokesperson said yesterday that the “investigation covered a period from May 1, 2016 through April 30, 2019.”

In the news release, the USDOL explained that WHD investigators found that ASPA “altered employees’ time records to cap shifts at eight hours each day, regardless of the number of hours they actually worked.”

And when employees worked late and punched out after their scheduled shift ending times, the employer changed the time records to remove the extra hours. This practice, according to WHD, resulted in unpaid time and in overtime violations when employees worked more than 40 hours in a workweek. Furthermore, the inaccurate timekeeping violated FLSA record-keeping requirements.

Asked what action ASPA agreed to take to prevent such problem from re-occurring, the USDOL spokesperson told Samoa News the employer agreed to pay the back wages found due. Furthermore, the employer agreed to comply with all FLSA requirements, and “also agreed to immediate, future, and retroactive compliance.”

The spokesperson didn’t make a direct response when asked how USDOL-WHD learned of the wage violation. According to the spokesperson, WHD conducts investigations for a number of reasons, all having to do with enforcement of the laws and assuring an employer’s compliance. WHD does not typically disclose the reason for an investigation.

“Many are initiated by complaints, and many are initiated as directed investigations without complaints. However, all complaints are confidential,” the spokesperson explained.

ASPA acting executive director Wallon Young didn’t immediately respond to a Samoa News request for comments.

WHD district director Terence Trotter in Honolulu says USDOL is committed to educating employers and improving compliance with federal wage laws to ensure workers receive the wages they have earned and employers compete on a level playing field.

“Employers must record and pay employees for all the time that they work, including overtime,” said Trotter, who recommends that other employers use this as an opportunity to evaluate their own pay practices to ensure they comply with the law.

More information about the FLSA and other laws enforced by the Wage and Hour Division, contact the Division’s toll-free helpline at 866-4US-WAGE (487-9243) or the WHD website <www.whd.gov&gt;