In Apple’s sixth annual “supplier responsibility” report, Apple discusses in detail the labor violations which were discovered and Apple’s responses to those violations. Such discoveries, to name a few, included: 18 facilities which screened job candidates and current employees for hepatitis B, 52 facilities which lacked policies and procedures that prohibit discrimination based on results of medical tests, 67 facilities that used deductions from wages as a disciplinary measure, 108 facilities that did not pay proper overtime wages as required by laws and regulations, and 93 facilities which recorded that more than 50 percent of their workers worked beyond 60 hours in at least 1 week out of a 12 week sample period. Notably, close to 70% of Apple suppliers failed to pay proper overtime. See full article: http://tech.fortune.cnn.com/2012/01/13/apple-factory-inspections-turn-up-scores-of-labor-violations/

According to the Department of Labor, it uses a variety of remedies to enforce compliance with the Fair Labor Standards Act’s (FLSA) requirements. When Wage and Hour Division investigators find violations, they recommend changes to bring the employer into compliance and request the payment of any back wages that are due to employees. Willful violators may be prosecuted criminally and fined up to $10,000. A second conviction may result in imprisonment. In addition, employers may be subject to a civil money penalty of $50,000 for each violation occurring after May 21, 2008 that causes the death or serious injury of an employee. When a civil money penalty is issued, the employer has the right to file an exception to the determination within 15 days of receipt of the notice. Once filed, it is then referred to as an Administrative Law Judge for a hearing and determination. If an exception is not filed, the penalty becomes final. The Department of Labor may also bring suit for back pay and an equal amount in liquidated damages, and it may obtain injunctions to restrain persons from violating the Act. See: http://www.dol.gov/compliance/guide/minwage.htm

Our lawyers excel at helping its clients collect the compensation they have earned and the justice they deserve. If you or someone you know has been faced with a labor dispute, unpaid overtime, wage dispute, employer discrimination, or just looking to speak with an employment attorney, please contact our office: Leeds Morelli & Brown PC 1-888-5-JOBLAW, One Old Country Road, Suite 347, Carle Place, NY, 11514-1851.