The Federal Judicial Center has collected recent wage and hour lawsuit data, and the findings are startling. Over the past decade, the number of FLSA lawsuits has substantially increased. Over the past year alone, there has been a 10 percent increase in the number of lawsuits filed over wage and hour violations. This is the fifth year in a row that has shown an increase in this type of lawsuit. Philadelphia employment lawyers report that the first jump in numbers occurred in 2003, when the number of wage and hour lawsuits filed doubled, going from approximately 2,000 to 4,000 filings. This number has continued to rise rapidly, with over 7,000 lawsuits filed in 2012.
What do the plaintiffs in these lawsuits allege? Federal wage and hour lawsuits allege violations of the Fair Labor Standards Act (FLSA). There are three main types of FLSA suits. First, there are suits wherein hourly workers claim that they have not been compensated for all of their hours. Second, there are suits by salaried employees who claim that they are owed overtime pay, or have been misclassified. And third, there are claims restaurant employees file, tip and gratuity claims, claiming that their employers failed to pay additional wages after their tips combined with regular pay amounted to less than the federal minimum wage.
Another report by CNN Money corroborates the recent findings of the Federal Judicial Center. According to this report there has been a nearly 400 percent increase in wage and hour violations since 2000.
Blue Collar Workers Are Losing Wages
Another study, entitled “Wage Theft and Workplace Violations in Los Angeles” surveyed blue collar workers in Los Angeles County, and found that this demographic reported there were consistently robbed of their wage and hour rights by being forced to work through breaks, having their tips skimmed, denied payment documentation, being paid late, and suffering retaliation. This study found that nearly a third of blue collar workers in Los Angeles allegedly were paid less than minimum wage, and a staggering eighty percent purportedly had not received lawfully earned overtime pay. Another eighty percent report that they had their breaks infringed upon, and approximately two thirds claim did not receive proper documentation of their compensation. Nearly 20 percent had their tips skimmed. Of the fourteen percent who reported FLSA violations the previous year, over half allegedly experienced unlawful retaliation as a result.
Philadelphia Employment Lawyers at Sidney L. Gold & Associates, P.C. Seek Compensation for Victims of Employment Discrimination
If you suspect that your employer has cheated you out of lawfully earned wages, or conducted other unlawful employment practices under the FLSA, the experienced Philadelphia employment lawyers at Sidney L. Gold & Associates can help. We have a successful track record of handling a wide array of employment discrimination claims, including LGBTQ discrimination and FLSA violations. To schedule a free consultation, call us at 215-569-1999 or contact us online today.