Overtime Lawyer Blog

Recently Jules Van Rengen, an official from the Department of Labor reminded a group of immigrants about the importance of reporting unfair labor practices immediately.

One worker complained that his paychecks bounced repeatedly – and he continued to work. His employer filed bankruptcy and he never received his wages.

Most employees – including immigrant workers – are protected by the Fair Labor Standards Act (FLSA). The FLSA guarantees minimum wage, overtime pay as well as other protections to most non-exempt workers.

While many good employers are out there, Van Rengen notes they’re “not the ones we have to worry about…The ones we … worry about are the ones who end up concealing, intimidating and terminating if you don’t agree with their philosophy.” Further wage theft – denying workers the wages they are due – is on the rise as jobs become scarcer and employees are more desperate.

The best way to stop this practice is to report it – such as by contacting a skilled wage and hour attorney who can look into your possible claims.

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The Department of Labor as recently launched a new timesheet application for smart phones that allows employees to keep track of how many hours they’ve worked and the amount of wages they are owed. The timesheet app keeps track of start times, end times, breaks, and lunch periods. The app can be downloaded directly from the DOL’s website. For workers without a smartphone, the DOL has a printable work hour’s calendar.

DOL secretary Hilda Solis notes, “This app will empower workers to understand and stand up for their rights when employers have denied their hard-earned pay.”

An employer’s failure to pay workers all of the wages and overtime they are entitled to may constitute a violation of the Fair Labor Standards Act (FLSA). If you believe you have not received all the wages you are due, you may be able to file a lawsuit to recover back pay and damages. It is important to speak to a knowledgeable Georgia employment lawyer immediately to determine you next steps.

As noted by the Director of Interfaith Workers Justice, “Wage theft is a national epidemic that robs millions of workers of billions on dollars they’ve worked for but never see…[wage theft] is “the crime wave no one talks about. It’s really all around us.”

In fact, a recent study found that 60% of nursing home workers, 100% of poultry plant workers and 90% of restaurant workers are denied fair pay at some point.

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One of the more common wage errors employers make is failing to pay their employees minimum wage. Sometimes, employers intentionally avoid paying minimum wage. Other times, they make errors and mistakenly fail to pay workers all the wages they are entitled to. Either way, the error may be a violation of state or federal minimum wage law.

Ensuring workers are paid minimum wage is significant and important. Not only should workers be paid what they are entitled to, but paying an adequate wage also helps the local economy. Minimum wage workers spend their money primarily on necessities, which then puts money back into their community.

Failure to pay enough wages is such a common problem that recently even the State of Florida was cited for violating its own constitution for failing to raise the minimum wage from $7.25 to $7.31 an hour. According to the lawsuit, Florida failed to pay the higher wage due to bad accounting. Florida is one of a few states that adjusts its wage based on the cost of living and did not increase the minimum wage this year as it should.

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