WHISARD Compliance Action Report US. Department of Labor Wage and Hour Division Case ID: 1529183 Originating District: Dallas TX District Office Local Filing Number: 2009-167-08379 Investigating. District: Dallas TX District Office Case Number: Lead Investigator: Registration Date: 10/27/2008 Assignment Date: 1 1/12/2008 E_mplover Information Trade Name:LIberty Proclaimed Ministry Legal Name: Liberty Proclaimed Ministry Address: 2727 Saint Louis Ave EIN: County: Tarrant NAICS Code: 561320 Fort Worth, TX761 10 No. Of Employees: Investigation Information Period Investigated From: To: Investigation Type: Investigation Tool: Compliance Status: 05/02/2007 BNPI: 05/01/2009 Reinvestigation: Recurring Violation: Full Investigation Future Compliance Agreed: Agree to Comply Involved in AG: Recommended Action: Violation Compliance Status Violations EEs ATPIBWs Computed BWs Agreed Ds Computecl LDs Agreed No Violation found for this $0.00 $0.00 act Compliance (no violations found) CL Totals: 0 0 00 00 $0.00 $0.00 Date: 11/09/2015 3:20:09 PM Case ID: 1529183 Page 1 . "aw-?mow?. - - -2.-.-.- "mm WHISARD Compliance Action Report Violation Compliance Status Vic'ations EEs Computed BWs Agreed LDs Computecl LDs Agreed Failure to pay Minimum 1 1 $81.88 $81.88 $0.00 00 Wage Agree to Comply Failure to pay proper 5 2 2 $1,615. 00 $1,615. 00 $0.00 30. 00 overtime Agree to Comply FLSA Totals: 3 3 1, 696.88 696.88 $0.00 $0.00 CMPs computed do not necessarily indicate CMPs assessed. Unduplicated Employees Found: 3 Unduplicated Employees Agreed: 3 Total Amount BWs Computed: $1,696.88 Total Amount BWs Agreed: $1,696.88 Total Amount LDs Computed: $0.00 Total Amount LDs Agreed: $0.00 Conclusions Recommendations: Total Case Hours: 61.50. Publications provided: HRG, Hrs. Wked, RK, 07', 541, CL. SOC: 501(3)(c) Non-profit org. Premil mtg- 9/21@ 3021 E. Rosedale, FW. Griffin requested an opport to review each WH55 and mt again. 2nd w/ Ms. Griffin. She supplied version of timesheets; no alleged OT worked/recorded. MW provision met. Refuse to pay bkwges found due; however, have been keeping accurate records of EEs wked have agreed to future compliance WHI Signature: Date: 03/30/2011 Reviewed By: Date: Date: 11/09/2015 3:20:09 PM Case ID: 1529183 Page 2 Libery Proclaimed Ministm Case ID: 1529183 2009-167-08379 LIBERTY PROCLAIMED MINISTRY 2727 Saint Louis Avenue Fort Worth, TX 76110 817-637-6541 COVERAGE: The subject company is engaged in a state assisted program whose primary goal is to bridge the gap for men and women who were recently released from prison. This non-profit 501(c)(3) organization helps these unusually unsuccessful men and women in establishing employment. Liberty Proclaimed Ministry' primary goal is to get them prepared for life beyond their institutional lives. Employees whose job duties include mowing, roadside improvements, planting, and removing trash from highways are involved in instrumentalities of commerce, regularly and recurring. They are engaged in commerce and are individually covered under the FLSA [See 29 CFR 776.11 Numerous employees were also engaged in cleaning state buildings-closely related and directly essential to the production of goods in interstate commerce-in and around Fort Worth, Wise, Denton, and Dallas Counties. This investigation was limited to the EEs who have been employed by this organization individually covered under the FLSA during the investigation period. The initial conference was held at the establishment on May 13, 2009 with Herb Davis, Co-owner, and Donna Griffin, Executive Assistant. Investigators Ex 7(c) and Page 1 Libe Proclaimed Minist Case Ex 7(c) represented DOL. HISTORY: None EXEMPTIONS: None claimed or applicable STATUS OF Period of Investigation: May 2007 to May 2009 EX 7(d) Based on the filed and Ex 7(d) computed totaling $81.88. back wages were FLSA SECTION 6: Minimum wage violation was found for one EE. This EE alleges that he was not paid for all hours worked. Method of calculation: Ex 7(d) however, he was only paid for 26 hours. He was found due $81.88 for 12.5 hours worked MW that were not paid. See Exhibit A-4. Page 2 . .a a Liberty Proclaimed Ministm Case ID: 1529183 FLSA SECTION 7: Overtime violations were found for three EEs. These EEs were paid straight time for all hours worked or were not paid for lunches that were not taken. Method of calculation: EEs were due the additional half time for hours worked and paid over 40 in a workweek. Also, EEs were due 1/2 for lunches?that were not taken and not paid for. See Exhibit A-1, A-2, and A-5. FLSA SECTION 11: A record keeping violation was found. Time worked was not being accurately recorded as hours worked. FLSA SECTION 12: No child labor violations were identi?ed. DISPOSITION: A preliminary meeting was held September 21, 2010 at 3021 E. Rosedale, Fort Worth, TX with Donna Grif?n, Executive Assistant for the subject company. The meeting was held at Mrs. Grif?n's coffee shop on the campus of Texas Wesleyan University. Investigator Ex 7(c) represented WHD. The meeting began with an overview of the FLSA overtime, minimum wage, record keeping, and child labor provisions. Mrs. Griffin was informed on individual coverage as it relates to the business. A copy of the FLSA and handy reference guide were provided highlighting the coverage section. Mrs. Grif?n stated that she had a better understanding of the FLSA requirements after the initial meeting with Investigators and . Minimum wage requirements under the FLSA were addressed with Mrs. Griffin. Mrs. Griffin stated that the employees sign in and sign out daily. The hours are paid accordingly. A great deal of time was spent discussing working time, verses time recorded as time worked, and pre and post hours worked per the regulations. Meal periods and breaks were also discussed at great length. Regulation Part 785 and 516 were presented. Mrs. Page 3 Liberg Proclaimed Ministry Case ID: 1529183 Grif?n con?rmed that she understood how time must be recorded in the future, and paid correctly. The summary of unpaid wages was presented. The meeting continued with questions being asked by Mrs. Grif?n pertaining to the back wages. Mrs. Griffin was provided a full detailed review with regard to the method of computations for each worker on the Form WH-56. Each wage transcriptions was presented and discussed. Mrs. Grif?n continued to disagree with each back wage amount stating these employees were given a second chance through the efforts of Liberty Proclaimed Ministries. She took full exception to the back wages claimed by . Mrs. Grif?n did not agree to comply or pay the back wages found due. Mrs. Griffin requested an opportunity to review the back wages with the ?rm's co-owners. She requested to schedule another meeting in late October after she returns from vacation and after discussing the back wages with the co-owner. Mrs. Grif?n was informed that the case would most likely be re-assigned to another investigation in October and the new Investigator would contact her to schedule a follow up meeting. This case was reassigned to Investigato Ex 7(c) . Investigator Ex 7(c) contacted Mrs. Griffin scheduling a meeting for October 29, 2010. Mrs. Griffin failed to attend the meeting. This meeting was rescheduled for November 1, 2010. Investigators and represented DOL. Investigator and Mrs. Grif?n discussed future compliance and discussed each individual on the WH56 for a second time. Mrs. Griffin presented time sheets and work schedules which did not include the required information and data with respect to employees to whom Section 6 and Section 7 of the Act applies. Investigator Ex 7(c) explained what information is required in keeping accurate records of hours worked. Mrs. Griffin supplied samples of current time sheets showing compliance and agreed to future compliance; but, refused to pay anyback wages found due. Page 4 Libem Proclaimed Ministry Case ID: 1529183 PUBLICATIONS: Pub. 1325, Overtime; Reg. 785, Hours Worked; Pub. 1261, Record Keeping; Reg. 541, Exemptions RECOMMENDATION: I recommend a second level conference to secure payment of back wages found due. Investigator March 30, 2011 Page 5 WHISARD Compliance Action Report U.S. Department of Labor Wage and Hour Division Case ID: 1688029 Originating District: Dallas TX District Office Local Filing Number: 2013-167-14271 Investigating. District: Dallas TX District Office WHMIS Case Number: Lead Investigator: Ex 7(c) Registration Date: 03/14/2013 Assignment Date: 03/21/2013 Employer Information Trade Name: Liberty Proclaimed MInistries-LPM Legal Name: Liberty Proclaimed Ministries, Inc. Address: 2727 Saint Louis St. BIN: County: Tarrant NAICS Code: 813110 Fort Worth, TX76110 No- Of Employees: Investigation Information Period Investigated From: 04/09/2011 . BNPI: To: 04/08/2013 Reinvestigation: Cl Investigation Type: Recurring Violation: El Investigation Tool: Full Investigation Future Compliance Agreed: Compliance Status: Not Applicable Involved in AG: El Recommended Action: Violation Compliance Status ?V'olat'o "s EEs Computed BWs Agreed LDs Computed LDs Agreed No Violation found for this 00 $0.00 act Compliance (no violations found) CL Totals: 0 0 00 00 00 $0.00 3 Date: 11/09/2015 3:20:56 PM Case ID: 1688029 Page 1' WHISARD Compliance Action Report CMPs computed do not necessarily indicate CMPs assessed. Unduplicated Employees Found: 0 i Unduplicated Employees Agreed: I 0 Total Amount BWs Computed: $0.00 Total Amount BWs Agreed: 00 Total Amount LDs Computed: $0.00 Total Amount LDs Agreed: $0.00 Conclusions Recommendations: HRS: 22. Ex 5 WHI Signature: Date: 04/29/2013 Reviewed By: Date: Date: 11/09/2015 3:20:56 PM Case ID: 1688029 Page 2 Libem Proclaimed Ministries-LPM Case ID: 1688029 LIBERTY PROCLAIMED MINISTRIES, INC. Case DBA Liberty Proclaimed Ministries?LPM Filing 2727 Saint Louis Avenue Fort WOrth, TX 76110 Tel# 817-922-8238 FLSA NARRATIVE REPORT COVERAGE: The subject company is engaged in a state assisted program whose primary goal is to bridge the gap for men and women who were recently released from prison. This non-pro?t 501(c)(3) organization helps these unusually unsuccessful men and women in establishing employment. Liberty Proclaimed Ministries' primary goal is to get them prepared for life beyond their institutional lives. Employees whose job duties include mowing, roadside improvements, planting, and removing trash from highways are involved in instrumentalities of commerce, regularly and recurring. They are engaged in commerce and are individually covered under the FLSA [Sec 29 CFR 776.11 Numerous employees were also engaged in cleaning state buildings-closely related and directly essential to the production of goods in interstate commerce-in and around Fort Worth, Wise, Denton, and Dallas Counties. The company tax is . The company has two locations 1) Fort Worth, TX, and 2) Wichita Falls, TX. Donna Grif?n is an Executive Director, and her husband is Robert Grif?n, Director of Finance. Their home address is 5857 Forest River Dr, telephone number is 817-703-4405, and her husband cell is 817-637-6155. This investigation was a full investigation. According to Mrs. Grif?n the entity has which include 9 internal staff, and 70 independent contractors. According to Mrs. Grif?n, the entity was awarded the contract amount of for the year 2011, and in 2012 by TIBH Industries Inc. and TIBH Industries Inc. had contracts with Texas Page 1 Libertv Proclaimed Ministries-LPM Case ID: 1688029 Dept of Transportation, see Exhibit D33. Mrs. Grif?n said she also had a caf? that has its own tax ID number, and it will be closed tomorrow 4/3 0/2013 but she declined to give information on the caf?. Individual Coverage applied to employees to their job responsibilities that include removing trash from highways are involved in instrumentalities of commerce, regularly and recurring. They are engaged in commerce and are individually covered under the FLSA [See 29 CFR 776.11 and employees were also engaged in cleaning state buildings-closely related and directly essential to the production of goods in interstate commerce. Ex 7(e) HISTORY: There was a previous investigation in the whisard system in 10/27/2008 for minimum wage and overtime violations, case ID 1529183 with the amount of back wage $1,696.88. ER paid $1,615.00, and refused to pay the difference of $81.88 to one employee. Period of Investigation: April 8, 2011 to April 7, 2013. MODO: Dallas, TX. EXEMPTIONS: Page 2 Liberty Proclaimed Ministries-LPM Case ID: 1688029 Applicable Section 3 (dLEleover: The Executive Director, Donna Grif?n, and Director of Finance, and their son Robert Grif?n met the de?nition of Employer under Section 3(d) of the Act in that they handled the overall operations of the business entity on a day to day basis. They supervised employees. They set pay rate and disciplined employees. They had authority to hire, and ?re employees. Supervisors, and Laborers were misclassi?ed as an independent contractors. Employment Relationship: The employment relationship test's as outlined in Fact Sheet #13 was utilized (see below); a review of the 7 tests indicated that supervisors and laborers do not exhibit any behaviors associated with Independent Contractors, and a employee employer relationship exists between employees and Liberty Proclaimed Ministries of the subject entity. Employment Relationship Tests:: I. The extent to which the services rendered are an integral part of the principal's business. 0 The services rendered by supervisors, and laborers is an integral part of the business entity's speci?c business purpose; speci?cally, employees mowed grass, did roadside improvements, planted, and removed trash from highways II. The permanency of the relationship. 0 Employees' primary work is obtained by the owner of the subject entity, Mr. RJ Grif?n. 0 The employee interviewed indicated a long term employee employer relationship has occurred between him and the subject entity. Supervisors and laborers worked for ER for 3 -7 years. See interview statement on Exhibit 1 - B12. Page 3 Liberty Proclaimed Ministries-LPM Case ID: 1688029 111. The amount of the alleged contractor's investment in facilities and equipment. 0 Employer provides all equipment, company vehicle and facilities, such as pick up trucks used to transport employees to work sites, lawnmowers, trimmers, tools. 0 Employees have little or no investment in business or equipment. IV. The nature and degree of control by the principal. 0 Employer has full control of all aspects of his business interests in that: They hire, ?re, set rates of pay, and handle all business interest in regards to clients and suppliers. . 0 Mr. RJ Grif?n sets all speci?c time frames for his employees work hours. Mr. Mrs. Grif?n did all advertisement for both businesses. V. The alleged contractor?s opportunities for pro?t and loss. 0 Employees are paid on an hourly basis. a 0 Employees of the subject entity have no opportunity for pro?t or loss. Employer claimed all pro?t/loss for both stores. ER provided all tools/equipments/trucks. VI. The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor. 0 Employees do not advertise for the store. VII. The degree of independent business organization and operation. Page 4 Libe Proclaimed Ministries-LPM Case I 1688029 0 Employees do not exhibit any behaviors associated with Independent Contractors. They do not have any employees who worked for them. 0 An employee employer relationship exists between Liberty Proclaimed Ministries and employees of the subject entity. STATUS OF COMPLIANCE: EX EX 7(e) Section 6: The minimum wage violations were not looked into due to case is concluded before determination can be made. Section 7: The overtime violations were not looked into due to case is concluded before determination can be made. Section 11: ER did not have accurate time sheet, and payroll records. Inadequate posting is displayed at the site. Case is concluded before determination can be made. Section 12: Based on employees' interview statements, none of employees were under 18 years old worked for the ER. Case is concluded before determination can be made. DEPOSITION: EX 7(6) Page 5 LibeLty Proclaimed Ministries-LPM Case ID: 1688029 Worth. See Exhibit D1-D3. WHI 4/29/2013 Page 6