For the past several years, plaintiffs attorneys have filed more wage and hour cases than any other type of employment class action. But the Department of Labor (DOL) apparently doesn’t see that as evidence that employees illegally denied overtime pay or minimum wage have adequate access to justice. According to the DOL’s Wage and Hour Division (WHD), thousands of employees are denied their right to fair pay for hours worked because the WHD lacks the resources to pursue their cases.
To remedy this perceived injustice, Vice President Joe Biden in November 2010 announced a new and unprecedented alliance between the WHD and the American Bar Association (ABA), designed to help wronged employees find legal assistance. The WHD is providing workers whose complaints it can’t handle information on their right to file a lawsuit, along with a toll-free number to connect with an ABA-approved lawyer referral program in their geographic area. The new program also will make it easier for plaintiffs attorneys working on a case to obtain information the WHD has collected. It will cover complaints under the Family and Medical Leave Act (FMLA) as well as under the Fair Labor Standards Act (FLSA).
