The said lawsuit, which was filed before the office of the U.S. District Court for the Western District of Washington, claimed that DirecTV paid its employees on a piece-rate basis, resulting in hourly rates below the federal minimum wage. Aside from not being legally paid for the hours they worked, the installers were also not paid for their rendered overtime hours. Moreover, the company apparently failed to keep accurate records of hours worked and wages paid to employees in certain locations, according to DOL.
The said allegations came to light after the DOL conducted an extensive investigation that included surveillance, interviews with the employees, and comprehensive reviews of company documents and records.
Also named in the lawsuit is the television servicing contractor, Advanced Information Systems.
Incidentally, based on the FLSA’s provisions, employers must pay employees at least the federal minimum wage of $7.25 for all hours worked and an additional overtime payment of one and a half times the regular rate of pay for all hours worked in over 40 hours per week. Also, the law requires employers to keep accurate records of employees’ wages, hours, and other conditions of employment including payment to damages which are paid directly to affected employees.
Meanwhile, according to the DOL’s director for the Wage and Hour Division’s Seattle District Office, Donna Hart, the lawsuit holds both the employer and its subcontractor liable for the wage and hour violation against the aggravated employees.
Apparently, subcontracting labor does not necessarily mean that an employer is free from any responsibility for compliance with the federal labor laws.
Consequently, a Los Angeles labor lawyer has heard so much about employers who do not pay wage and hour claims in his years of service. Therefore, he reminds employees that if their employers practice similar employment misconduct, they can report the same either to DOL or to the EEOC. He likewise said that if employees are hesitant about reporting the matter to the said federal agencies, they can instead hire an employment lawyer for legal assistance.