Employment Law Questions? Ask an Employment Lawyer.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
What do you want to achieve? Also, how big is he company?
The company is based in Canada but has the majority of its locations in the US. I believe the company has approx. 8,000 employees. I would like to be paid what I am owed this year, last year 2012, and even before that if possible. I would also like the payroll to be correct going forward.
You can contact either a lawyer or the Department of Labor. With that many employees there may even be a class action possible.
That would be a pretty significant amount of money spread out over that many people for who knows how long.
The Department of Labor has a page where you can file a complaint, would you like that link?
Sure, thank you. How big of a risk am I of getting fired as my manager told me not to tell anyone? Do I have any interim protections once I file a complaint and an investigation is pending?
They aren't supposed to fire you because you report a violation. If they do then you have a pretty good basis for a lawsuit. The website is http://www.dol.gov/whd/regs/compliance/fairpay/complaint.htm
Reporting statutory violations like the FLSA and OSHA has protections, kind of along thelines of whistleblower cases.
Anything else I can answer for you before I exit to assist others?
Yes. If the error is only present at our location (I don't know anything about our other locations), which is only about 50 employees, does this change the scenario at all?
No, the FLSA still applies and you should be paid correctly.
Thank you, XXXXX XXXXX evening.
You're very welcome. Enjoy the rest of the weekend.
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.