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DOL recovers $1.5m in overtime back wages from CEMEX, Inc.


CEMEX, Inc. will pay $1,514,449 in overtime back wages to 1,705 current and former drivers for the cement and ready-mix concrete supplier.  The Department of Labor's Wage and Hour Division (WHD) found systemic overtime violations due to CEMEX's failure to compensation "pay-per-load" employees with premium pay for hours they worked more than 40 hours in a weekwork as required by the Fair Labor Standards Act (FLSA).  The original investigation was expanded to cover affected employees working in 8 states.  The complaint was filed with the court in September 2008 after the WHD conducted employee interviews and reviewed time and payroll records.

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and on-half their regular rate of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week.