SANTA FE, NM — As part of a settlement to resolve a lawsuit brought by several wage theft victims whose claims were never investigated by the state, New Mexico state regulators agreed to shore up administrative blind spots and toughen enforcement actions against companies defrauding workers. News of the settlement is welcome, not only for the four original plaintiffs who brought the lawsuit, but for countless others who struggle make ends meet because their employers break wage and labor laws.
As part of the settlement, the New Mexico Division of Labor Relations agreed to four key provisions to help wage theft victims bring claims and investigate allegations that would have otherwise been ignored in years past. Those include lifting the $10,000 threshold on investigating claims of missing wages, extending the statute of limitations for filing a claim from one to three years, requiring regulators to seek damages on behalf of workers against employers, and providing Spanish-language claims forms and interpretation services for other languages.
Advocates for wage theft victims in New Mexico estimate that workers file about 500 claims with state investigators every year, but as many as one-quarter are dismissed because the agency in charge incorrectly applied statutes adopted in 2007. The state has agreed to revisit claims from the past three years it may have passed over for improper reasons, giving wage theft victims hope that they may recoup their lost income.
While most states have regulatory agencies to investigate wage and labor violations, the sheer volume of wage theft and finite resources make it difficult for all wage theft victims to recover all their back pay. Fortunately, the Fair Labor Standards Act (FLSA) allows workers to hire attorneys and hold businesses responsible for taking advantage of workers to increase company profits. Under the FLSA, workers can recover up to three years of unpaid wages with interest, liquidated damages equal to back pay, and attorneys fees to cover the cost of litigating their claim to hold the employer responsible and ensure other workers are not taken advantage of.
Unpaid Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.