U.S. Department of Labor finds $1 million owed to Kentucky workers. How to claim yours
Across the country, more than 208,000 workers are owed roughly $161.4 million in back wages from companies, according to the U.S. Department of Labor's Wage and Hour Division.
In Kentucky, the DOL found 1,994 workers are due just shy of $1 million in back wages, defined as the difference between what a worker was paid and what the worker legally should have been paid.
In Hebron, on the edge of the Cincinnati suburbs, 658 workers are due back wages — the most workers of any area in the state. Louisville comes in second, owing 266 workers $224,906. And Bowling Green comes in third, with 212 workers owed back pay.
In fiscal year 2023, the Labor Department disbursed over $26.9 million through the worker-owed wage system, benefiting more than 3,972 workers, USA TODAY previously reported. Despite returning wages to some workers already, Karen Garnett-Civils, the district director for the Louisville District Office of the Department of Labor said, many workers have not yet claimed their wages and the DOL is working to find these workers and restore their pay.
"This money belongs to them, the worker ... they have put in the hours and this money belongs to them. It belongs in their pocket and that's an important thing that Wage and Hour does, is that we return wages to workers when we find employers that are not in compliance," Garnett-Civils told the Courier Journal.
Here's what we know about wages owed to Kentucky workers and how you can check to see if you are owed wages.
What is the U.S. Department of Labor's Wage and Hour Division?
The DOL's Wage and Hour Division is responsible for the enforcement of several federal labor laws, namely the Fair Labor Standards Act. This 1938 act effectively established the Wage and Hour Division, which is responsible for ensuring employers follow minimum wage, overtime pay, recordkeeping and child labor laws for private and public sector workers.
The division also enforces the Family and Medical Leave Act and the PUMP Act for nursing mothers.
How does the U.S. Department of Labor's Wage and Hour Division find unpaid wages?
As part of the Fair Labor Standards Act, the DOL conducts investigations on employers to determine their compliance with federal laws, Garnett-Civils said.
"When we find that the employers' pay practices are noncompliant, or where the worker hasn't been paid minimum wage, or they haven't been paid overtime, that results in them having to restore that money back to the workers," said Garnett-Civils.
These investigations, often referred to as wage investigations, can be complaint-based or directed investigations. A complaint-based investigation is when a current employee, former employee or concerned individual contacts the DOL with concerns over rightful and lawful pay, prompting the DOL to investigate the company in the complaint. A directed investigation is when the DOL proactively searches for wage violations in industries known to have wage issues.
Garnett-Civils said common industries with wage noncompliance in Kentucky are agriculture, landscaping and landscape contracting, and limited-service restaurants.
The Wage and Hour Division completed 173 investigations of Kentucky employers in 2023. Some notable wage investigations in Kentucky included 492 workers from Heine Brothers being owed $300,000, 125 workers at Please & Thank You and Sunergos Coffee owed $188,000, and Roosters Wings violating child labor laws and owing back wages of $182,125.
How long does a wage investigation take?
Depending on the scope of the investigation, and how many employees' wages are being investigated, a wage investigation can take between 45 days to several years. The longer investigations tend to be a result of an investigation going into litigation.
Why has the DOL not returned all back pay wages yet?
While the DOL has already restored millions of dollars to workers in the U.S., some workers who are owed wages have not been found by the DOL.
Garnett-Civils said common reasons why the DOL struggles to find workers to restore wages to is because workers may have moved and changed addresses, some workers may not leave a forwarding address, workers are transient and, in some cases, employers have failed to maintain information such as the workers' address.
Once the company has turned over the back wages to the Wage and Hour Division, the government will hold on to it for three years for workers to claim before turning it over to the U.S. Treasury.
How can I check to see if I am owed wages?
Step 1: Visit the searchable Workers Owed Wages database set up by the Wage and Hour Division: Workers Owed Wages (WOW) (dol.gov)
Step 2: Search for your company
Step 3: If your company comes up with a search result, then select your company and type in your first and last name and additional requested contact information
Step 4: You will receive an email with a Back Wage Claim Form. Fill out the form, sign it, and upload the form with other requested supporting documents
Step 5: Allow six weeks for the DOL to process your form and send you a check for your owed wages
The DOL has resources to assist workers in more than 200 languages. If you need assistance in a language other than English, you can call 1-866-487-9243.
Contact business reporter Olivia Evans at oevans@courier-journal.com or on X, the platform formerly known as Twitter at @oliviamevans_.
This article originally appeared on Cincinnati Enquirer: Kentucky workers owed $1 million in back wages. How to make a claim
