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With the erratic economy, wage and hour claims are among the most prevalent lawsuits in the United States. Thousands of such cases are filed all over the country every month, and the number is expected to grow even more in the coming years, as employers continue to short employees out of the proper wages they are due. All of this highlights the increased focus on addressing the needs of workers in the country, which are the backbone of any company. Consult with an experienced FLSA attorney to discuss whether you are receiving proper compensation or not. It’s crucial to ensure your rights are protected and that you receive fair treatment under the law.
Certain schemes employers use to deprive employee out of proper compensation include:
- Placing an individual on Salary even though they should be properly paid overtime
- Failure to pay time and a half for overtime
- Making an employee sign out and work off the clock
- Paying an employee less than minimum wage
- Telling the employee that they work they do pre-shift or post-shift is not compensable
- Failure to factor in differential pay into the overtime calculus
Origins of the Wage and Hour Law
The current incarnation of the wage and hour is rooted in the Fair Labor Standards Act passed in 1938. Also known as the Wages and Hours Bill, the law forms the basis of the current implementation of the Federal wage and hour law in the United States. This original version of the wage and hour law established a maximum workweek of 44 hours and seven days. The law also implemented a minimum wage rate applicable all over the country, and a “time-and-a-half” rate of pay for overtime situations when necessary.
Among the other practices established by the law is the prohibition on the employment of children in oppressive labor conditions. This particular section of the law provides protection for minors against harsh or extremely difficult working environments. Over the years, the law has been subjected to numerous changes, revisions, and additions, until it evolved into the form that is currently in effect to this day.
Common Fact Patterns of Wage & Hour Abuse
Employers may use various tactics to withhold the wages their employees are entitled to. Some common examples include classifying employees incorrectly, failing to provide pay for break time, or requiring employees to work off the clock. Identifying wage theft can be challenging, but an experienced wage and hour attorney can help you understand your rights and pursue the compensation you deserve.
- Call Centers in which workers have to appear 15 minutes early pre-shift and are not paid for set up time
- Account Managers who do not manage any people
- Workers paid a day rate no matter how many hours they work
- Nurses who are paid hourly, but not paid time and a half for overtime
- Restaurant workers who are paid less than minimum wage without a tip credit
Wage and hour claims are subject to strict statutes of limitations. This means that if you delay taking action, you could lose your right to recover unpaid wages. Consulting with an FLSA attorney as soon as possible ensures that your claim is filed within the required time frame, maximizing your chances of a favorable outcome. You can call 1 (877) 561-0000 from your mobile device to speak with an FLSA lawyer about whether you are receiving proper compensation. You may be entitled to double damages plus attorney fees.
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Classification of Salaried Employees
Did you know that even if you are salaried you might be entitled to overtime! The law holds specific qualifications that must be met in order to classify an employee as ‘salaried.’ While employers may believe that classifying an employee as salaried entitles them to work them extended hours without compensation, the law defines this as not necessarily true. It’s essential to understand your rights regarding overtime pay and ensure that your employer complies with labor laws.
There are several stipulations that must be met in order to be correctly classified as salaried, including managing numbers, and the contract that is entered into for employment. Speak with an experienced FLSA Attorney today, or complete a case analysis form and have one of our staff contact you.
Classification of Independent Contractors
In order to avoid responsibility for employees, many companies are choosing to label their workers “Independent Contractors.” The IRS has a fact sheet that sets the criteria between an Independent Contractor versus an employee. By classifying the individual as an Independent Contractor, the employer may try to evade responsibilities such as employment taxes and overtime pay. The more control the employer exerts on the individual, and the less likely the individual is able to take other work the more likely it will be considered an employer/employee relationship.
Retaliation for Filing a Wage Claim
Employees who report wage violations or file claims are protected from employer retaliation under federal law. If you’ve experienced retaliation such as termination, demotion, or harassment after filing a claim, you may have additional legal claims. A wage and hour attorney can help you hold your employer accountable for retaliatory actions.
We are Ready to Fight for Your Rights
With the increasing amount of failure to pay proper wages the legislatures in each state are taking the issue very seriously and in some instances calling it what it is and enacting penalties for “Wage Theft”. If you have encountered any of the above situations or more, we are ready to help you. Our attorneys have extensive employment law experience and can help get you the entitled compensation that you deserve. You may be entitled to double damages and attorney fees paid by the defendant. The earlier you enlist the aid of a qualified FLSA lawyer, the better able he will be able to help you with your claim. We only take the case on contingency, which means we are only paid if we win your case and we can take calls after hours or on weekends when it’s most convenient to you so your employer doesn’t find out.
Our experienced FLSA attorneys are ready to fight for you. Contact us today for a free consultation. Call us Toll Free 1 (877) 561-0000 or use our online form.