Labor Dept. Recovers $44K for Misclassified Army Apprentices

Employer: Walker White Inc.

Employer address: 7402 Fairfield Road, Columbia, SC 29203

Investigation findings: A U.S. Department of Labor Wage and Hour Division investigation determined that Walker White Inc. – a subcontractor working on a U.S. Army Corps of Engineers’ construction project at Fort Jackson – wrongly classified apprentices as laborers. In doing so, the employer did not pay the required prevailing wage rates, including the basic hourly rate and fringe benefits, in violation of the Davis-Bacon Act. Investigators also found the employer failed to pay overtime rates of time-and-one-half an employee’s basic rate of pay for hours over 40 in a workweek, a violation of the Contract Work Hours and Safety Standards Act.

Recoveries: $44,816 in back wages for 12 employees.

Quote: “Contractors and subcontractors working on government projects using taxpayer dollars, grants or other funding, have to understand they must meet high standards and meet certain obligations,” explained Wage and Hour Division District Director Jamie Benefiel in Columbia, South Carolina. “Our investigation found that Walker White Inc. was paying workers with specialized pipefitting skills less than generalists that did not possess the same special set of skills.”

“The department is committed to ensuring employees are paid their rightfully earned wages at the legally required wage rate. Employers can find government contract compliance assistance information online, or can reach out to our experts directly with questions,” Benefiel added.

Background: J. Kokolakis Contracting Inc. subcontracted Walker White Inc. to perform plumbing and HVAC work as part of its contract with U.S. Army Corps of Engineers.

Public Release.