Annual report FY ... of the Wage and Hour Bureau

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Table of Contents
FY 2010 HIGHLIGHTS ...................................................................................................................................... 3
FOREWORD....................................................................................................................................................... 4
THE NC WAGE AND HOUR BUREAU ............................................................................................................ 4
PERFORMANCE AND ACHIEVEMENTS ........................................................................................................ 4
CALL CENTER................................................................................................................................................... 4
CHART 1 - CALL CENTER PERFORMANCE ........................................................................................................ 5
INVESTIGATIONS ............................................................................................................................................... 5
CHART 2 - TYPES OF INVESTIGATIONS CLOSED ............................................................................................... 6
CHART 3 - NUMBER OF INVESTIGATIONS COMPARISON .........................................ERROR! BOOKMARK NOT DEFINED.
CHART 4 - INVESTIGATIVE DETERMINATIONS ................................................................................................... 7
WAGE RECOVERY ............................................................................................................................................ 7
CHART 5 - WAGES ASSESSED/RECOVERED..................................................................................................... 8
YOUTH EMPLOYMENT CERTIFICATES ................................................................................................................. 8
CHART 6 - YOUTH EMPLOYMENT CERTIFICATES ISSUED................................................................................... 9
CHART 7 – YOUTH EMPLOYMENT INVESTIGATIONS .......................................................................................... 10
BUREAU INITIATIVES .................................................................................................................................... 10
SUMMARY........................................................................................................................................................ 10
APPENDIX 1..................................................................................................................................................... 11
Wage and Hour Bureau Staff .................................................................................................................. 11
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FY 2010 HIGHLIGHTS
· Answered 91.6% of all calls placed to the Call Center on the first attempt.
· Completed 6,591 investigations with 18 investigators; an average of 366
investigations per investigator.
· Resolved 94.7% of 6,591 closed investigations; 67.3% were based on
factual evidence obtained from one or both parties.
· Investigated 1,421 employers for alleged wage violations involving 2,558
workers; total wages due in excess of $3.7 million.
· Recovered wages in excess of $1.9 million for 2,248 workers without the
time and expense of litigation actions.
· Completed investigation of 51 youth employment complaints received
during the fiscal year; 429 non-complaint investigations into youth
employment provisions were also completed.
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Foreword
This report represents our efforts on behalf of the workers who provided valuable economic
benefits to our state as a result of their labors. We in the Bureau take great pride in the efforts
we expended on their behalf and are extremely happy with the amount of money we were able
to return to these working citizens. I am confident that the readers of this report will recognize
the dedicated effort necessary to produce consistent results as indicated in this report.
Jim Taylor, Director
Wage and Hour Bureau
THE NC WAGE AND HOUR BUREAU
The Bureau is assigned a total of 31 “general fund” positions as indicated by Appendix 1 with an
annual budget of $2,004,567 to carry out the legislative mandates assigned.
PERFORMANCE AND ACHIEVEMENTS
CALL CENTER
The Bureau’s call center, most often the Department’s initial point of contact for most
customers, is manned by five highly motivated staff members with between two and one-half
and 12 years of experience in this high-volume, customer service environment. Their job is to
provide information to customers and to determine the applicability of state or federal wage and
hour laws for alleged violations. If applicable, they obtain required information and enter the
complaints directly into an electronic database for assignment, investigation and tracking.
Additionally they refer callers to other Department of Labor bureaus; appropriate local, state and
federal agencies tasked with enforcement of laws related to their concerns; or, provide resource
data and contact information for lawyer referral and legal aid centers when unaware of any
government agency that can assist the caller. Two of these staff members are fluent in Spanish
and provide direct assistance to callers, investigators and other Department personnel when
dealing with Spanish-language matters.
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The data in Chart 1 indicates that the call volume of slightly under 92,000 calls has declined in
each of the last two years; however, the number remains high compared to other call centers
within state government. The service level, which is defined as the percentage of calls
answered on the first attempt, continues to remain above the 90% standard that has been
established for the call center. During this past year, information specialists have each
answered more than 18,000 calls.
CHART 1 - CALL CENTER PERFORMANCE
INVESTIGATIONS
The data in Chart 2 indicates that 90.1% of all investigations closed this year were relative to
employer promises such as vacation, bonuses, commissions, holiday or rates of pay in excess
of the required minimum wage level. The number of minimum wage, overtime investigations
declined from the previous year; other investigations (youth employment, private personnel and
controlled substance) increased compared to the previous year.
The data illustrated in Chart 3 indicates the number of complaints filed with our office increased
by 14.8% compared to the previous year and increased by 4% over the four-year average. The
number of investigation closed during the year also increased by 46.4% compared to the
previous year and increased by 15.9% over the four-year average. The most notable indicator
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in chart 3 is the dramatic reduction in inventory; 111% compared to the previous year and
56.8% compared to the four-year average.
CHART 2 - TYPES OF INVESTIGATIONS CLOSED
Chart 3 - Number of Investigations Comparison
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CHART 4 - INVESTIGATIVE DETERMINATIONS
Chart 4 indicates that the percentage of cases closed based on factual evidence and those in
which the complaints were resolved with the parties remained fairly constant when compared to
the previous year. The greatest success during the year was in the area of “No Response”
investigations which were reduced by 57% compared to the previous year and 51.5% compared
to the four-year average.
WAGE RECOVERY
From the complainant’s perspective, the most important service that we provide is the recovery
of unpaid wages. In that regard, our staff continues to provide excellent assistance as shown in
Chart 5. Our office investigated 1,421 employers and determined that 2,558 workers were due
in excess of $3.7 million; this represents a 91% increase in the amount due from the previous
year. As a result of these investigations, 1,696 employers paid more than $1.9 million to 2,248
workers without the time and expense involved with litigation actions. This represents a wage
recovery rate of 51.3% for the year compared to 44.1% from the previous year.
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CHART 5 - WAGES ASSESSED/RECOVERED
YOUTH EMPLOYMENT CERTIFICATES
Protecting young workers from inappropriate or unsafe jobs is the cornerstone of the Youth
Employment Certificate program and timely review of certificates issued continues to be a key
element in our efforts to protect young workers. The data in Chart 6 indicates that 56,733
certificates (work permits) were issued this fiscal year; this represents a 1.9% decrease from the
previous fiscal year. The chart also indicates that 55.8% of all certificates issued during fiscal
year 2010 were issued through the on-line system. Certificates issued on-line provide
immediate feedback to employers and applicants regarding compliance with state and federal
child labor laws. where the age and proposed job place the employer in jeopardy of compliance
with state or federal child labor laws. While on-line issued certificates are reviewed the next
business day certificates issued by the Department of Social Services and designees may lag
up to five to six months depending on when they are received by mail.
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CHART 6 - YOUTH EMPLOYMENT CERTIFICATES ISSUED
Chart 7 indicates that the Bureau received 51 complaints involving youth employment violations
during this fiscal year; all 51 of those complaints were investigated. Additionally, 429
investigations were conducted with employers who are subject to all provisions of the North
Carolina Wage and Hour Act; therefore, non-complaint investigations for youth employment
provisions were also conducted in these businesses.
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CHART 7 – YOUTH EMPLOYMENT INVESTIGATIONS
BUREAU INITIATIVES
The following initiatives are planned for FY 10-11 in order to increase efficiency and
effectiveness in the production of services to our customers and stakeholders:
1. Reduce complaint inventory to 800 or fewer cases by June 30, 2011.
2. Implement the use of an "on-line" complaint intake system by June 30, 2011.
3. Complete four investigative sweeps of high-complaint industries by June 30, 2011.
SUMMARY
The data and charts presented in this report clearly reflect the efforts and hard work of all
members of the Wage and Hour Bureau staff from the initial contact through investigation
completion.
Hopefully, many of you who read this report will not need our services; however, please feel
comfortable that our staff is committed to serving your needs in a timely, fair and consistent
manner. We are very proud of the work that we do on your behalf and invite your comments or
suggestions on ways to improve our services.
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Appendix 1
WAGE AND HOUR BUREAU STAFF
(As of September 1, 2010)
1. Director: Jim Taylor
2. Asst. Director: Mike Morrow
3. Investigative Asst: Dawn Beasley
4. Investigative Asst: Shannon Council
5. Investigative Asst: LuJuana Patterson (On assignment)
1. Supervisor: Randy Kimrey
2. Senior Investigator: Don Anderson
3. Senior Investigator: Jeff Barnhill
4. Senior Investigator: Angela Richardson
5. Investigator: Rick Barnes
6. Investigator: Tony Berrios
7. Investigator: Taylor Cambron
1. Supervisor: Val Eucare
2. Senior Investigator: Kisha Holmes
3. Senior Investigator: Vacant
4. Investigator: Angela Buckner
5. Investigator: Shari Phelps
6. Investigator: Vacant
7. Investigator: Becky Lusk
8. Investigator: Jennifer Presnell
1. Supervisor: Darryl Saunders
2. Senior Investigator: Marsha Moore
3. Senior Investigator: Marisol Suarez
4. Investigator: Elnora Russell-Fields
5. Investigator: LaKisha Cameron
6. Investigator: Lane Carter
7. Investigator: Claire Wallace
8. Public Information Asst: Blanca Acevedo
9. Public Information Asst: Julian Blumenfeld
10. Public Information Asst: Selenia Genao
11. Public Information Asst: Shelia Gill
12. Public Information Asst: Nicole Ingram
Administration
Eastern District
Western District
Intake Compliance Unit