Wage violations rampant among low wage workers!

In a study released last week financed by the Ford, Joyce, Haynes and Russell Sage Foundations, low wage workers were found to be the victims of widespread violations of federal minimum wage and overtime laws. 

The New York Times reported that the researchers interviewed over 4,000 low wage workers.  The study found widespread wage violations among the population of the workforce.

Overtime violations were especially frequent.  “Over a quarter of our respondents worked more than 40 hours during the previous work week for a single employer and were therefore at risk for an overtime violation. As Table 3.1 indicates, 76 percent of these “at risk” workers were not paid the legally required overtime rate by their employers. The overtime violation rate among all workers in our sample (that is, regardless of whether they worked overtime or not in the previous week) was 19 percent.”

“These practices are not just morally reprehensible, but they’re bad for the economy,” said Annette Bernhardt, an author of the study and policy co-director of the National Employment Law Project. “When unscrupulous employers break the law, they’re robbing families of money to put food on the table, they’re robbing communities of spending power and they’re robbing governments of vital tax revenues.”

One of the most powerful tools against violations like this is the collective action mechanism found in the FLSA which allows groups of employees to pool their resources and sue as a group.  Employers have attacked these lawsuits recently and their attorneys are constantly finding new ways to undermine them.  See my recent post on collective action waivers.

To those of you who represent these workers, keep up the good work.  To those victims of these illegal practices, fight for your rights!

Third Circuit holds gender stereo typing helps gay workers!

In a post yesterday, I reported that the 3d Circuit Court of Appeals had recently reversed a summary judgment in a Title VII case that had implications for gay rights.  Of course, Title VII does not on its face, prohibit discrimination based on sexual orientation.  It does, however, prevent gender discrimination, including claims of “gender stereotyping.” 

Attorney Katie Eyer, of Salmansaon Goldshaw, P.C., who argued the case on behalf of Prowell stated:

“This decision means a lot to lesbian and gay workers.  It clearly affirms that lesbian and gay workers have the right to bring gender stereotyping claims under Title VII, just like everyone else.  And, the court recognized that gay Plaintiffs can prevail, if they prove their harassers were motivated in party by gender non-conformity – even if those harassers were also motivated by secual orientation.  Gay plaintiffs can no longer be held to a higher standard than everyone else.”

Keep in mind that Connecticut already has a law that prohibits sexual orientation discrimination.  Our Fair Employment Practices Act, administered by the CHRO, provides a cause of action for gay and lesbian employees. 

Again, cudos to Mr. Prowell for his courage, to Katie for her advocacy and also to the Third Circuit for making the right call.