new lawsuit has been filed on behalf of Wal-Mart employees alleging they were denied
the wage, benefits and other protections they were entitled to under the
law. Specifically, the suit alleges that janitors routinely worked seven
days a week and were denied overtime pay in violation of the
Fair Labor Standards Act (FLSA).
Under the FLSA, all employees who are not exempt must be paid at a rate
of one and one half times their regular rate of pay for all hours worked
in excess of 40 hours in any workweek. Thus, if the janitors worked in
excess of 40 hours a week, they are entitled to overtime compensation.
Other claims include allegations that workers were locked inside while
they worked and that Wal-Mart acquiesced to the illegal practices, in
violation of the Racketeer Influenced Corrupt Organizations Act (RICO).
The lawsuit also seeks to have the janitors certified as a class.
Recently, many cases have come to light alleging violations of the FLSA
among low wage earners – often immigrants who may not be aware of
their rights or may fear retaliation for complaining. In the Wal-Mart
case, plaintiffs allege that Wal-Mart conspired with outside cleaning
companies to exploit immigrants who tend not to demand lawful compensation
or humane working conditions.
Failure to pay the compensation due any exempt worker is a violation of
the FLSA. Further, retaliation for complaining of violations is strictly
For more information, or if you believe you have been denied all the compensation
you are entitled to, contactThe Buckley Law Firm, LLC, a Georgia law firm dedicated to protecting worker’s rights.