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You can anonymously report an MTSO's violations of - labor laws to the DOL


Posted: May 17, 2013

If you are classified as an employee, you can file a complaint anonymously if your MTSO is not paying you overtime for work over 40 hours a week.  I spoke with several people at the Department of Labor, one of whom headed up an audit of an MTSO,  and was told that you can file your complaint anonymously, but resolution of the issue will take longer than if you used your name.  Also, if in order to resolve the issue, you are required to be deposed or testify (this is very rare), then, of course, your name will be disclosed to your employer. 

I have been reading with great interest about one of the big MTSOs mandating overtime for their employees, but expressly stating in emails that the employees will only be paid straight time.  When there is documented evidence of a violation like that, there is a good chance the DOL will audit the MTSO because there are likely multiple violations because more than one employee is affected.  I would go ahead and work the overtime and save my pay stub that reflects I was not paid overtime.  You can continue to work without your employer knowing it was you who filed the complaint.  If the DOL determines after their investigation that you and your co-workers are due back overtime pay, you'll eventually get your money. 

I understand how vulnerable we all feel because we're the little guy making little money and we really need the crappy jobs we have so we don't want to do anything that would compromise our employment, but I URGE you to do what you can to make your companies comply with the law.  If you are still uncomfortable about filing a complaint, please call the DOL and speak with someone.  Tell them your situation and confirm for yourself that you can file anonymously.  Please--this is something we CAN do.  Not only do we not deserve this treatment, but it's illegal.  We really can do something about this.

Good for you for posting-everyone should read what you wrote - LegalMT

[ In Reply To ..]
I am so glad you posted this and hope everyone reads it. It is absolutely true the DOL will followup on complaints and do it annonymously at your request. Another perk of filing annonymously is they then get to look at all the time records for all MTs and everyone benefits from your decision. And as the previous post says, keep records of e-mails and even daily log counts showing when you did your first report to when you did the last one. Anything you can think of that proves the point is always helpful. I have been the beneficiary of two sizable checks from companies I was no longer with because they were reported to DOL and the investigation required they pay everyone back wages. The only way to keep this industry treating the MT with respect and fair wages is to keep the MTSOs accountable. Be strong and trust the DOL.


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