header image

[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather


 
Calendar
Today in
S.C.V. History
March 28
1934 - Bouquet Canyon Reservoir, replacement for ill-fated St. Francis Dam & reservoir, begins to fill with water [story]
Bouquet Reservoir


DepartmentOfLabor_Logo copyU.S Department of Labor, Jan. 7, 2016

Employer: Bonifacio Ontiveros, doing business as Benny’s Tire and Road Service

Site: 31514 Castaic Road, Castaic, California 91384

Investigation findings: Investigators from the U.S. Department of Labor’s Wage and Hour Division found that Benny’s Tire and Road Service violated the minimum wage, overtime,  and recordkeeping requirements of the Fair Labor Standards Act. Specifically, the employer paid workers a flat weekly salary without regard to the number of hours they actually worked. For three of these employees, this salary, when divided by the hours they worked, was not enough to cover the federal minimum wage, currently $7.25 per hour. The firm also failed to pay legally-required overtime for hours worked beyond 40 in a work week.  Employees routinely worked well over 50 hours per week. This is the second time the company has been investigated.  Identical violations were found in 2006, resulting in the employer paying $23,843 back to workers.

Resolution: Bonifacio Ontiveros will pay $59, 029 in back wages and an additional, equal amount  in liquidated damages totaling $118,058 to 11 workers. The Wage and Hour Division has also assessed $4,235 in penalties due to the repeat nature of the violations.

Quote: “The Wage and Hour Division will not tolerate egregious violations such as those found in this case.  Paying these hard-working employees less than the minimum wage, and denying them their legally-required overtime pay hurts not only the workers and their families, but provides the employer an unfair competitive edge,” said Kimchi Bui, director of the Wage and Hour Division’s Los Angeles District Office. “Other employers should take note of this investigation, and ensure that they are in compliance with the law.  Other employees being paid in this manner should give us a call.  Our services are free, and confidential.”

Information: Simply paying employees a salary does not mean they are not entitled to minimum wage and overtime. The FLSA provides an exemption from both minimum wage and overtime pay requirements for individuals employed in bona fide executive, administrative, professional and outside sales positions, as well as certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. On June 30, 2015, the Wage and Hour Division announced a Notice of Proposed Rulemaking to update the regulations defining which white collar workers are eligible to receive pay for hours worked over 40 in a workweek. For more information, please visit www.dol.gov/whd/overtime/NPRM2015.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay for hours they work beyond 40 per week. Employers also must maintain accurate time and payroll records, and are prohibited from retaliating against workers who exercise their rights under the law. For more information about federal wage laws administered by the Wage and Hour Division, call the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd.

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

14 Comments

  1. LaDona Hancock Abigail Alcaraz

  2. Gustavo Gallardo AND Jennifer Perez crazy

  3. Kourtney Riley says:

    Reply

  4. Francisco says:

    I am sorry to say that this is a huge joke and a slap on the wrist to the employer.
    I’m talking from experience. ……..
    I sued my then, employer here in the SCV after a year plus in court I finally won my case….. $11,549.00 dollars he now owes me and won’t have to pay a penny of it.
    Why?
    Because the only thing the courts can do for you is get you a “Judgement Lien” then walk away from the case and send you to a collection agency that will tell you it can take up to 10 years to collect from the judgment debtor or you can go after them on your own.
    That also is a joke because once you don’t use the courts recommended collection agency they wash their hands of your case.
    Don’t believe me? Ask me for copies of my case and I will gladly show you!
    It’s now been a year since I won my case and I’m still without pay!

  5. Jasmine Lorenza Garcia
    Bad benny!

Leave a Comment


Latest Additions to SCVNews.com
1934 - Bouquet Canyon Reservoir, replacement for ill-fated St. Francis Dam & reservoir, begins to fill with water [story]
Bouquet Reservoir
The California Department of Public Health launched the “Never a Bother” campaign, a youth suicide prevention public awareness and outreach campaign for youth, young adults, and their parents, caregivers, and allies.
California Launches New Youth Suicide Prevention Campaign
The Santa Clarita Master Chorale invites the community to "Let the Sunshine In," a delightful evening of food, wine and song at the annual Cabaret & Cabernet fundraising benefit.
April 20: Santa Clarita Master Chorale’s Cabaret, Cabernet Fundraiser
The Los Angeles County Department of Public Health cautions residents who are planning to visit the below Los Angeles County beaches to avoid swimming, surfing, and playing in ocean waters:
March 27 Ocean Water Warning
As an integral ingredient necessary to help the Santa Clarita Valley to flourish, feedback from the business community is the secret sauce for achieving great things.
SCVEDEC Asks For the Business Community’s Opinion on Santa Clarita
Raise your heart rate while raising funds for the Santa Clarita Sister Cities Dollars-for-Desks campaign to provide school desks for students in Sariaya, Santa Clarita's Sister City in the Philippines.
April 13: Sister Cities Zumba-thon Fundraiser
Remo, Inc. is is the world's leading manufacturer and developer of synthetic drumheads and shells. They’ve been in business for 60 years
SCVEDC Company Spotlight: Drumming Up Big Business with Remo, Inc.
California State Assemblywoman Pilar Schiavo (D-Chatsworth) and Assemblyman James Ramos (D-Highland) have introduced AB 3074 the "School or athletic team names: California Racial Mascots Act."
Schiavo Introduces Bill to Prohibit ‘Derogatory’ School Mascot Names
Los Angeles County’s Justice, Care and Opportunities Department  in collaboration with Local Initiatives Support Corporation Los Angeles is proud to announce the 2nd Annual Pitch Competition for the cohorts of JCOD's Incubation Academy.
March 28: JCOD Incubation Academy Helps Grassroots Non-Profits For the Second Year
Children’s Bureau is seeking foster families and now offers two virtual ways for individuals and/or couples to learn how to help children in foster care while reunifying with birth families or how to provide legal permanency by adoption.
April 18: Children’s Bureau Hosts Virtual Orientation
The Sunburst track was constructed in 1887 by the Southern Pacific Railroad and was a part of the main line running between San Francisco and Los Angeles.
Enjoy Spring With a Ride On The Sunburst Track
California State Superintendent of Public Instruction Tony Thurmond hosted a Personal Finance Summit today where he announced his support for Assembly Bill 2927 (McCarty), legislation that would require a personal finance education course for California high school graduation.
State Superintendent Announces Support for Personal Finance Graduation Requirement
1847 - Probable birth date of Pico Canyon oil driller Charles Alexander Mentry [story]
C.A. Mentry
The first Music Jam Session at The MAIN was held on Thursday, Feb. 22 and was a hit. Come out and join in for the next one on Thursday, March 28 7 p.m.-9 p.m.
March 28: The MAIN to Host Musicians’ Jam Session
Los Angeles County Inspector General Max Huntsman of the Office of Inspector General has issued a report entitled "Tenth Report Back on Implementing Body-Worn Cameras in Los Angeles County."
Office of Inspector General Issues Latest Report on LASD Body Cams
College of the Canyons women's tennis played to a convincing 7-2 conference win over Ventura College on Moica to strengthen its potential playoff resume.
Canyons Closes Out Ventura 7-2 in Final Home Match
Join the Santa Clarita Valley Chamber of Commerce with the Latino Business Alliance at the Cinco de Mayo Networking Celebration on Tuesday, May 7.
May 7: Latino Business Alliance Cinco de Mayo Celebration
The Los Angeles County Department of Animal Care and Control is hosting March Meowness promotion where all cat adoptions are just $15 from now until April 9.
Adopt a Cat During March Meowness at Castaic Animal Center
California State University, Northridge is partnering with the Fernandeño Tataviam Band of Mission Indians and the Tataviam Land Conservancy to battle the impact of climate change in disadvantaged communities throughout the San Fernando Valley by establishing “urban forests.”
CSUN Partners with Fernandeño Tataviam Band to Build Urban Forests
Join the Santa Clarita Artists Association on Monday, April 15, 6:30-8:30 p.m. at Barnes and Noble, 23630 Valencia Blvd., Valencia, CA 91355, for the SCAA monthly meeting and guest demonstrator.
April 15: SCAA Presents Debbie Abshear Watercolor Demo
Residents are invited to join members of the Santa Clarita City Council for a special ribbon-cutting ceremony to celebrate the addition of Santa Clarita's 38th park, Skyline Ranch Park, 18355 Skyline Ranch Road, Santa Clarita, CA 91351, to the Santa Clarita parks system on Saturday, April 6, at 10 a.m.
April 6: Grand Opening for Santa Clarita’s 38th Park
The Santa Clarita Valley Senior Center is preparing for the annual fundraising event, Celebrity Waiter, with the theme “California Dreamin’” on Saturday, April 27 at Bella Vida, 27180 Golden Valley Road, Santa Clarita, CA 91351.
Table Sponsorships Still Available for Celebrity Waiter Dinner
Springtime in Santa Clarita brings not only vibrant blooms and opportunities to embrace the outdoors with warmer weather, but also an array of free, family-friendly events and this Saturday is no exception.
Ken Striplin | A Fun, Festive, Egg-Filled Day
SCVNews.com