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.

Continue reading "The Importance Of Reporting Unfair Labor Practices Immediately" »

A recent case out of Ohio underscores the struggles of many immigrants striving to make a decent wage. In Cincinnati, a lawsuit continues against two veterinarians accused of wage theft involving three undocumented workers. At issue, the right to overtime compensation for workers who claim they were initially paid for several dozens of hours of overtime, only to be required to pay back the “difference” in order to avoid being deported. This case has garnered national attention and focused on the egregious conduct of some employers who take advantage of immigrants who are unaware of their rights pursuant to federal labor law.

Under federal law workers – regardless of immigrations status – are protected as fully as citizens by U.S. labor laws. Thus – the Fair Labor Standards Act (FLSA), which sets forth certain minimum wage and overtime standards applicable to nearly all U.S. employers - covers immigrant workers. It is the responsibility of employers to ensure their employees meet employment eligibility requirements. Once hired, employers are required by law to follow the provisions set forth by the FLSA. As such, any non-exempt workers who work overtime are entitled to be paid at a rate of one and one half times their regular rate of pay for all hours worked in excess of 40 hours for any workweek.

Further, retaliation for complaining about violations in any manner, such as threatening deportation, is strictly prohibited.

Recent cases, including a class-action against Wal-Mart, have highlighted many instances of employers taking advantage of employees with little knowledge of employment laws and uncertainty of U.S. laws regarding their immigration status.

Continue reading "Federal Labor Laws Protect All Workers" »

A new lawsuit has been filed on behalf of Wal-Mart employees alleging they were denied the wage, benefits and other protections they were entitled to under the law. Specifically, the suit alleges that janitors routinely worked seven days a week and were denied overtime pay in violation of the Fair Labor Standards Act (FLSA).

Under the FLSA, all employees who are not exempt must be paid at a rate of one and one half times their regular rate of pay for all hours worked in excess of 40 hours in any workweek. Thus, if the janitors worked in excess of 40 hours a week, they are entitled to overtime compensation.

Other claims include allegations that workers were locked inside while they worked and that Wal-Mart acquiesced to the illegal practices, in violation of the Racketeer Influenced Corrupt Organizations Act (RICO). The lawsuit also seeks to have the janitors certified as a class.

Recently, many cases have come to light alleging violations of the FLSA among low wage earners – often immigrants who may not be aware of their rights or may fear retaliation for complaining. In the Wal-Mart case, plaintiffs allege that Wal-Mart conspired with outside cleaning companies to exploit immigrants who tend not to demand lawful compensation or humane working conditions.

Failure to pay the compensation due any exempt worker is a violation of the FLSA. Further, retaliation for complaining of violations is strictly prohibited.

Continue reading "New Wage And Hour Class Action Suit Against Wal-Mart" »

Recent NewYork Times and Huffington Post articles have focused on the prevalence of Fair Labor Standards Act (FLSA) violations amongst low wage laborers, often immigrants.

The FLSA provides many guarantees - including the guarantee of minimum wages and overtime compensation for non-exempt employees who work more than 40 hours in a work in any work-week. The FLSA also sets forth child labor laws.

According to these articles, along with much anecdotal evidence, many of these workers face “constant and commonplace” workplace exploitation. In fact, in one group of workers interviewed none had ever been paid overtime, many were routinely hired the least desirable takes, and were sometimes forced to work on their one free day. One man reported “working 12 hours/day, seven days a week, and paid only $4/hour. “

Unscrupulous employers may exploit these workers, taking advantage of employees due to their limited knowledge of employment laws and perhaps their undocumented status. U.S. Secretary of Labor Hilda Solis has recently launched a wage and hour campaign to raise awareness that labor laws protect all workers, regardless of immigration status.

However, exploitation occurs across all sectors where employers fail to pay all the compensation employees are due.

Further when “wage theft” occurs, everyone in the community suffers. While referencing New York, the same impact can occur in Atlanta, or any city where employees are denied a fair wage. A survey prepared by the National Employment Law Project (NELP) explains:

“Low-income families spend the large majority of the earnings on basic necessities, such as food, clothing and housing. Their expenditures circulate through local economies, supporting businesses and jobs. Wage theft robs local communities of this spending, and ultimately limits economic growth and vitality in …neighborhoods.”

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If you are an undocumented foreign worker in Georgia, do you have rights under the Fair Labor Standards Act? It looks like you should have at least some limited rights, if Georgia courts follow a federal court in Washington state, which recently ruled that a person’s immigration status does not affect a claim under the FLSA.

The case, BAILON v. SEOK AM#1 CORP (W.D.Wash.12-9-2009), Case No. C09-05483JRC, concerned the defendant’s requests for discovery that went to the issue of their immigration status.

Continue reading "Immigration Status and the FLSA" »