Honolulu tour operator fined $33,000 for violating overtime rules

HONOLULU (KHON2) — The U.S. Department of Labor has recovered $33,000 in back wages from Ocean Journeys LLC, aka “And You Creations,” for 14 underpaid workers because the tour operator violated their overtime hours. And the company was also fined $2,618 in penalties for “the deliberate nature of the violations.”

The U.S. Department of Labor’s Wage and Hour Division determined that the travel company “failed to pay required overtime rates of pay for hours exceeding 40 hours per week,” which constitutes a violation of Fair Labor Standards Act.

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According to LWHD, the employer paid the crew members of its Waianae tour boat partial overtime at a time and half their rate of pay and paid the remaining wages at a specified time that he then listed as “bonus” payments on company payroll records. .

The tour boat company also “failed to include bonuses or incentive commissions in pay rates when calculating overtime pay due”.

The overtime wages earned should be the overtime wages paid. Employers cannot manipulate or attempt to conceal hours worked in order to evade their obligation to legally pay overtime earned. »

TERENCE TROTTER, HONOLULU WAGE AND HOURS DIVISION DISTRICT

According to reports from the Bureau of Labor Statistics, the unemployment rate fell from 5.3 to 3.2% from March 2021 to March 2022.

“With Honolulu’s low unemployment rate, employers who fail to meet their legal obligations to their workers are in competition with employers who pay workers their rightful wages,” Trotter explained. “In addition to the costly consequences of back pay and damages, employers whose wage practices violate the law will struggle to fill vacancies with the people needed to do the work that makes their business successful.”

And You Creations has been contacted but declined to comment.

To learn more about the Wage and Hour Division, Click here.