When employers in New York and other states refuse to pay their workers what they are due, the wronged employees have many options. One potential form of resolution involves filing a confidential report with the Wage and Hour Division of the U.S. Department of Labor. This body has the power to perform investigations that help it uphold the rules of the Fair Labor Standards Act . While some fact-finding missions are conducted at the WHD's own discretion and may involve multiple employers or companies, others are prompted by complaints.
Companies who fail to pay minimum wages or compensate their staff with overtime pay may be deemed liable for civil penalties of as much as $1,000 per instance. In serious cases, criminal prosecution and potential fines of $10,000 may result, and being convicted multiple times could land an employer in prison.
When an individual places an FLSA claim with the WHD, it is illegal for their employer to retaliate against them for it. Employees who want to submit complaints need to provide various data including their personal information and the name and location of the employer they believe wronged them. They also need to submit the names of their supervisors, the nature of their employment and records of the pay they actually received.
Being discriminated against by an employer can turn people's lives upside down. Individuals who face such unwelcoming work environments may find it difficult to perform their professional duties or deal with basic functions. In cases where employment abuse involves wage disputes, people can even become disillusioned as they find themselves saddled with mounting financial challenges. Although agencies like the WHD provide mechanisms for pursuing justice, attorneys may be able to offer valuable insights on using these tools effectively.