Over $161 million waits for thousands of workers. How to tell if you’re owed money
Thousands of workers across the U.S. are owed more than $161 million, according to the U.S. Department of Labor.
Those due wages can claim the money — before it’s too late.
Why are workers owed wages?
Over 220,000 workers earned the money, but their employers didn’t pay them properly, the Department of Labor says.
The millions in unclaimed wages were recovered by the agency as the result of wage investigations in nearly all 50 states, Washington D.C. and a few U.S. territories.
Some workers “may have no idea that an investigation was even conducted,” Rachel Mast-Matos, an official from the Department of Labor’s Wage and Hour Division, told McClatchy News in an interview.
If employees are paid less than minimum wage, aren’t paid overtime, aren’t compensated for all hours worked or have a portion of their tips withheld, this violates the Fair Labor Standards Act.
The Wage and Hour Division enforces the FLSA — as well as protections for agricultural workers and employees hired under temporary visas — and investigates suspected violations.
The highest amount of back wages are owed to people who worked in California, followed by Texas, Pennsylvania, Massachusetts, New York, Maryland and Florida, according to the most recent data released by the Department of Labor. The data is current as of Oct. 31, officials said.
In California, more than $18 million in unclaimed wages is waiting for 17,901 workers after nearly 600 cases involving wage investigations, the data shows. In Texas, more than $17 million in back wages are due to 30,762 workers in relation to 1,549 cases.
It’s not surprising that so many workers are due money, according to employment lawyer Justin Cilenti, the co-founder of Cilenti & Cooper PLLC, a wage and hour law firm based in New York City.
“The amount of wage theft has long been astronomical especially in big cities with vulnerable populations (i.e., undocumented workers),” Cilenti told McClatchy News.
Wage violations are commonly found in construction, restaurant and agriculture industries and involve health care workers, according to Mast-Matos, who is the Wage & Hour Division’s planning and reports coordinator for the Southeast regional office.
“When violations are found, we do recover back wages for all workers regardless of where they’re from or their immigration status,” Mast-Matos said.
She added that it’s a “top priority” to “get those back wages paid as quickly as possible.”
When must the wages be claimed?
When wages are recovered, the Department of Labor keeps the money for three years as officials try to find those owed.
After three years, unclaimed wages must go to the Treasury Department, according to the Department of Labor.
When the Treasury receives the money, it gets “deposited and categorized as miscellaneous receipts,” a spokesperson from the Treasury’s Bureau of the Fiscal Service told McClatchy News in a statement.
“The funds would remain in the Treasury until needed to pay for an appropriation passed by law,” the spokesperson said.
It can prove difficult to locate workers for different reasons, according to Mast-Matos, including if an employee changed jobs, moved or if an employer didn’t maintain accurate or current contact information for employees.
Mast-Matos said that when a wage investigation is conducted, investigators typically take a look at the past two to three years and may find wages owed to former employees.
How to tell if you’re owed money — and how to claim it
If you want to find out if you’re owed money, you can search the Wage and Hour Division’s Workers Owed Wages online database. It’s available in English and Spanish.
To begin, enter the name of your employer or previous employer. When your employer and their address pops up, select the company and search your name.
If the system shows you’re owed wages, you’ll need to fill out your contact information to receive a back wage claim form, according to the Department of Labor.
After the form is received, you’ll be instructed to create an online account to upload the form and submit a document that verifies your identity, such as a pay stub, a copy of your Social Security card or a W-2 form.
You can expect it to take about six weeks for the Wage and Hour Division to process the form. Afterward, a check for back wages will be sent in the mail.
Anyone owed is encouraged to claim the wages
“We would encourage any person — regardless of immigration status, to come forward and protect their rights to recover their unpaid wages,” Cilenti told McClatchy News.
Federal labor laws, and most state laws, protect all workers in doing so, he said.
“The majority of people whose rights are violated are undocumented immigrants because both the employers and employees believe that the employees have no recourse due to their immigration status,” Cilenti explained.
“Virtually no employer will report undocumented immigrants to immigration/naturalization (ICE) because they would themselves face severe penalties for hiring individuals without proper working or citizenship papers,” he added.
However, labor laws do not prevent the possibility of deportation, Cilenti said.
Mast-Matos said that when wage investigations are conducted, investigators “do not ask any information about where a worker is from or what their immigration status may be.”
If someone is unsure about whether they’re owed wages, Cilenti and his firm encourage people to check the Department of Labor’s website and their state labor agency’s site. He also suggests checking websites of local employment attorneys who may share information about potential wage violations.
“Because every person’s situation is different, and determining whether a violation occurred is very fact specific, their best option is (to) request a free consultation with an employment attorney to comprehensively review their situation and determine whether they have a viable claim,” Cilenti advised.
For those who need additional help in determining if they’re owed wages, individuals can make a confidential call to the Wage and Hour Division’s toll-free help line at 866-487-9243.
Callers can be connected to staff who speak a variety of languages and there’s translation services for up to 200 languages, Mast-Matos said.
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