Unpaid wages can impact many workers. Unfortunately, many workers are also hesitant to file a claim for fear of retaliation from their employer. If you have experienced unpaid wages or wage theft, we urge you to speak to an attorney and get what you are owed.
For over four years, Diego Jimenez worked long hours as a server at La Carreta Mexican Restaurant in Derry, New Hampshire. He regularly worked over 50 hours a week serving customers and cleaning the restaurant. However, the only compensation he received was for all of his hard work was the tips paid by restaurant patrons.
Diego says, “I took pride in the level of service I provider to my customers, but working for only tips made it so much harder for me to meet my family’s basic needs.” Even though Diego wanted to be paid an hourly wage and overtime owed to him under the Fair Labor Standards Act, he hesitated to file a complaint.
After finding other employment, Diego found the security he had been looking for. This gave him the confidence to file a complaint. Following the investigation and subsequent court action, Diego received $134,864 in back wages and damages from his former employer.
As word of the investigation spread, new information was received that led to the investigation of additional businesses. These efforts ultimately resulted in the DOL recovering $1,266,997 for 148 low wage workers. Diego’s one call made a significant difference.
The law requires employers to pay cash wages in addition to tips earned and provide overtime pay to workers who qualify, regardless of whether they’re paid a salary. Food service industry workers are often very vulnerable. However, the FLSA has strong anti-retaliation provisions to protect workers who contact them. You don’t have to wait until you leave your job or find another job before asking for help. Additionally, these provisions and wage protections apply to workers regardless of their immigration status.
If you have experienced unpaid wages or wage theft, you should contact an attorney to discuss your case. You may be able to recover your lost wages as well as damages. To learn more, please contact Cook, Craig, and Francuzenko today.
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