How the FLSA Protected Poleth Ojeda
When Poleth Ojeda started as an administrative professional at RMS Installs, a Georgia company that helps customers control their home with an app and smart technologies, she was filled with hope. As a single mother, this job was more than a paycheck – it was a lifeline. After starting in customer service, answering phones and scheduling appointments, she quickly worked her way up to office manager. Her excitement soon turned to worry, however, as inconsistent pay proved a difficult challenge.
Poleth was supposed to receive her wages every Friday, but that rarely happened. Each delay in payment came with a new excuse from management, and the irregular pay made it difficult for her to provide for her child, even leading to lapses in utility payments at her home.
Frustrated with the ongoing issues, Poleth confronted her employer about the late payments. She was accused of theft, threatened by her employer and eventually fired.
“It was devastating,” Poleth said. “I stood up for myself and lost my job.”
After getting a new job as a server in a restaurant, an undeterred Poleth reached out to the Wage and Hour Division, and our subsequent investigation gave her hope. Poleth received over $9,000 in back wages for minimum wage, overtime and retaliation violations.
“I was really surprised to receive the money that I did, and the investigator was very supportive," she recalled. "The money helped me pay my bills and support my son. It was a relief during the holidays.”
At the heart of Poleth’s case is the Fair Labor Standards Act’s prohibition of discrimination against employees for asserting their rights. This includes protection against unfair termination and retaliation, crucial elements in Ojeda's story.
“The FLSA is fundamental in protecting workers like Ms. Ojeda,” said Wage and Hour Division District Director Steven Salazar in Atlanta. “Employers must understand that retaliation against employees who seek their rightful wages is not just unethical, but also illegal. Our duty is to ensure that every worker’s rights are respected and upheld.”
Through this experience, Poleth learned the importance of being informed about workers’ rights. She emphasizes, “Understanding your rights is crucial, especially for vulnerable workers like me. We deserve to be treated fairly.”
We couldn’t agree more. As we celebrate Administrative Professionals Day, we urge workers to contact us if they experience retaliation, harassment or intimidation from an employer. We’re here to protect administrative professionals – and all workers – from retaliation, regardless of where they’re from, and we can communicate with callers confidentially in more than 200 languages at 1-866-4-US-WAGE (487-9243).
Karla Falcon is a community outreach and resource planning specialist in Georgia for the Department of Labor's Wage and Hour Division. Follow the division on X at @WHD_DOL and on LinkedIn.
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Thu, 04/18/2024 – 11:31