Federal Court Determines Workers’ Social Security Numbers Are Not Relevant When Filing Wage Violation Lawsuit

January 5, 2012

The federal minimum wage and overtime law – the Federal Labor Standards Act (FLSA) – protects all employees regardless of their immigration status. This means that all workers are entitled to minimum wage and non-exempt employees must receive overtime compensation for hours worked in excess of 40 in any workweek. A recent case determined that asking to see workers’ social security numbers and tax returns after being sued for unpaid overtime and minimum wage violations was out of bounds.

If you believe you have not been paid the wages you are entitled to, because you are not receiving minimum wage, overtime pay or have suffered any other wage violation, it is important to consult with a knowledgeable Atlanta overtime pay attorney who can advise you of your rights and fight to ensure you receive all the pay you are due.

In Uto et al. v. Job Site Services, Inc. et al, former employees sued their former employer – Job Site Services, Inc., along with the owner of the company for failing to pay minimum wage and required overtime. In response, the company requested to see copies of the employees’ tax returns and their SSNs. A federal trial court determined that this request was improper because it created the danger of intimidating workers and might make workers scared of pursuing their rights and obtaining the pay they are entitled to. Checking on social security numbers and tax returns is irrelevant – all workers are entitled to minimum wage and overtime pay where they are non-exempt.

Unfortunately, employers may try to cut corners by failing to pay overtime wages and minimum wage where due. Federal law protects nearly all employees. If you believe you have not been paid all the wages you are entitled to, contact an experienced Georgia back pay attorney at Buckley & Klein for a confidential consultation and to ensure you receive the wages you deserve.