Distribution and Manufacturing Investigation in Columbus, Ohio

Distribution and Manufacturing Investigation in Columbus, Ohio

When Production is King, Manufacturing and Distribution Employees May Become the Jester.  How Rampant Wage Theft Affects the Distribution and Manufacturing Industries.

There is extensive wage theft in the distribution and manufacturing sector because these types of companies have an interest in pursuing the competitive drive to create and deliver to market products that are less costly than their competitors’ prices.  Employers increasingly control wage costs by creating illegal schemes to pay employees in violation of federal and state wage laws is wage theft.

What are the Common Distribution Wage Violations?

  • Unpaid Overtime
  • Improper Classification as an Independent Contractor
  • Pre-Trip Inspections and Post-Shift Inspections
  • Unpaid Off-The-Clock Work such as: loading vehicles, preparing an area for work, pre-shift meetings, post-shift meetings, route planning, or putting on or taking off protective wear or uniforms
  • Don’t see what you are looking for here? Give us a call to see if what you are experiencing is wage theft.

What are the Common Manufacturing Wage Violations?

  • Unpaid Overtime
  • Improper Calculation of Overtime Pay for Bonuses
  • Unpaid Off-The-Clock Work such as pre-shift meetings, post-shift meetings, preparing an area for work, or putting on or taking off protective wear or uniforms

Still Looking for More Information? Keep Reading, Or Give us a Call to See if What You are Experiencing is Wage Theft

What is the Fair Labor Standards Act?

The Fair Labor Standards Act, or the FLSA, establishes the wage protections on a federal level. This act defines what activities constitute “work” and therefore must be paid regardless if you are clocked in or not.  It sets out how to calculate overtime pay and regulations regarding record keeping, as well as guidelines for exemptions based on a variety of factors, such as job title, pay rate, and duration of a position. Finally, the FLSA sets out the federal minimum wage rate. The FLSA is the minimum protection that your employer must follow.

What is Wage Theft?

Any time an employer improperly pays their employees or fails to pay their employees for all the time they worked, it is considered wage theft. There is a broad number of ways that an employer can commit wage theft, ranging from not paying an employee on time, withholding overtime pay, or expecting employers to work off the clock. These are just some of the most common instances of wage theft. There are federal and state protections in place for employees.

Are There Specific Distribution and Manufacturing FLSA Guidelines?

The FLSA sets out specific regulations for the manufacturing industry. First and foremost, federal minimum wage and overtime laws apply to employees who work in manufacturing and are non-exempt.

Second, there is a unique FLSA requirement to the manufacturing industry called the youth minimum wage. This amendment lets employers pay employees under the age of 20 a minimum wage no lower than $4.25/hour for their first 90 days of employment. There is an additional protection that prevents employers from taking advantage of this guideline by stopping the employer from replacing employees with individuals who would qualify for the youth minimum wage. You can find more information here.

When it comes to distribution, FLSA laws can be a little more complicated. The Motor Carrier Exemption or Section 13(b)1 of the FLSA. This exemption lays out specifics regarding employment, vehicle size, and employee duties.  For specifics on the exemption, you can refer to the fact sheet here.

What State Laws Are There To Protect Me?

State wage laws are free to add wage protections for citizens of their state beyond what the FLSA grants.  Many states have higher minimum wage rates than the FLSA.  If you live in a state that has a higher minimum rate than the FLSA, your employer must use the higher state minimum wage.  Higher minimum wage rates are just one example of how state wage laws can give employees greater protection than the FLSA.  The FLSA is generally subject to a two-year statute of limitations to file your claim. Many states give you three, five or even six years to file.

I Think I Was Affected by Wage Theft in the Distribution or Manufacturing Sector. What Do I Do?

If you have been employed in these sectors and believe that you have experienced wage violations, you may be eligible to file a claim against your employer. Send us an email or call us at 800-274-5297.

Can I Get Fired?

No, you cannot be fired for speaking with an experienced Fair Labor Standards Act/Wage & Hour attorney.

How Could a Lawsuit Help?

A lawsuit can help employees reclaim their unpaid wages.

What Can I Do?

If you believe that you have been affected by these practices, send us an email at info@barkanmeizlish.com or call at 800-274-5297 for more information.

What is the Minimum Wage in my State?

Every state has a different minimum wage. Federal minimum wage is currently $7.25 an hour. To check your state’s minimum pay rate, you can consult this map.



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