Unfair Pay Lawsuit

The United States Department of Labor (”DOL”) enforces federal laws such as the Fair Labor Standards Act (”FLSA”) and, as stated by the DOL, the FLSA requires covered, nonexempt employees to, for example, be paid at least the federal minimum wage of $6.55 per hour for all hours worked, and time and one-half their regular rates of pay for hours worked beyond 40 in a week.  For more information about the FLSA, one can call the DOL’s toll-free helpline at 866-4US-WAGE and visit a DOL website at www.wagehour.dol.gov .

In this regard, a January 29, 2009 DOL Wage and Hour Division Press Release announed that the DOL recovered $24,360 in back wages for seven (7) restaurant employees in Omaha, following an investigation by the department’s Wage and Hour Division.  See, www.dol.gov .  According to the DOL Press Release, the investigation found that the restaurant company violated the overtime provisions of the FLSA by not paying the employees time and one-half their regular rates for hours worked beyond 40 in a workweek.  The DOL reported in the Press Release that the investigation was conducted as part of an ongoing regional effort to increase FLSA compliance in the restaurant industry.

In a separate February 18, 2009 Press Release, the DOL announced that it obtained an Order holding an Andover, Kansas restaurant business and its president in Contempt of a Consent Injunction issued on August 14, 2003.  See, www.dol.gov .  According to the DOL Press Release, a U.S. District Court, in September 2008, found the restaurant company in contempt of court for failing to pay $302,421 in back wages to nineteen (19) restaurant employees and ordered immediate payment, as well as an equal amount as compensation for delay in the payment of wages.  As stated in the DOL Press Release, employers of tipped employees must pay a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation.  Further, if an employee’s tips combined with the employer’s cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference, but certain other conditions must also be met.  More information about the FLSA is available on the internet at www.wagehour.dol.gov and www.dol.gov/compliance . 

Whether employment related unlawful or unfair pay occurs in Corpus Christi, Houston, San Antonio or elsewhere, victims of unfair pay may contact the DOL and an attorney or lawyer to determine if an unfair pay lawsuit may ultimately be appropriate under the facts and circumstances of the potential unfair wage claim.