SAN FRANCISCO, CA — The Department of Labor announced in December, 2017 that rampant wage theft was found across the country in garment manufacturing facilities. An estimated $1.6 million dollars in back wages and liquidated damages against Southland Garment Co. The investigation conducted showed that nearly 1,400 employees were affected by the wage theft. Some employees were receiving as low as $4.27 per hour. This is highly illegal as the minimum wage in the United States is $7.25 per hour. The investigation continues as the DOL seeks justice for employees such as those whose rights were violated.
Can I file an FLSA lawsuit against my employer for unpaid overtime?
Yes, you may be able to file an FLSA lawsuit against your employer for unpaid overtime. FLSA lawsuits seek to hold employers accountable for failing to pay the required wages to their workers. These claims seek payment of unpaid or underpaid wages, attorney’s fees, and litigation expenses. Some cases may also force the payment of liquidated damages, which are money damages beyond just the receiving the back pay for unpaid wages.
If your employer owes you overtime wages for work performed, even dating several years back, our top rated attorneys can file a claim for you to recover the unpaid wages that you are owed. There are strict time deadlines for filing FLSA lawsuits, so it is essential that you contact an attorney immediately. If you wait, you may lose your ability to recover some or all of your back pay.
Minimum Wage and Overtime Violations
According to the suit brought by the Department of Labor, the company paid employees on a “piece work” basis that amounted to less than minimum wage and failed to pay overtime wages to employees working more than 40 hours per week. Under the Fair Labor Standards Act (FLSA), a piece rate is the amount of money paid per task performed or piece produced. A piece may be used to determine commensurate wages if it includes consideration of quantity and quality of production and an allowance factor that includes personal time, fatigue, and delay. However, a proper piece rate must equal at least the minimum wage.
Additionally, overtime must be paid at a rate of at least one and one-half times the employee’s regular rate of pay for each hour worked in a workweek. For employees paid on a piecework basis, regular rate of pay is obtained by dividing the total weekly earnings by the total number of hours worked in that week. The employee is entitled to an additional one-half times this regular rate for each hour over forty, plus the full piecework earnings.
FLSA Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.