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Fight for Your Unpaid Wages
Our Wage and Hour Lawyers Have Recovered Tens
of Millions Learn How We Can Help You Too
With the erratic economy, wage and hour claims are among the most prevalent lawsuits in the United States. Thousands of wage and hour 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 employees in the country, which are the backbone of any company. Speak with our wage & hour lawyer today.
Tricks Employers Use to Pay
Hard-Working Employees Less
Classifying you as an independent contractor when you are actually an employee, allowing your employer to avoid paying for insurance, overtime, and other important benefits.
Failing to recognize or pay you overtime due under the FLSA.
Requiring you to begin working before you’ve punched in.
Requiring you to continue working even after you’ve punched out.
Automatically deducting time for meal breaks that you did not receive.
Paying less than the minimum wage.
Using fear of deportation as a scare tactic for unfair labor practices.
Failing to properly account for differential pay.
Paying employees salaries to avoid the protections of hourly work.
Failing to pay accumulated vacation time.
Avoiding hourly benefits by classifying you as “salaried” rather than “hourly.”
If you suspect your employer is paying you less than you deserve, contact the wage and hour lawyers at Brown LLC.
We can examine your payment plan, work to get the issue resolved, and possibly even collect your back pay owed.
Free ConsultationReal-Life Examples
of Wage & Hour Abuse
Our wage and hour attorneys represent employees in a wide range of industries from healthcare and banking to retail and restaurant workers. We understand it can be difficult to tell if your paycheck is inaccurate, so we’ve compiled some real life examples of wage and hour abuse that we have seen at our employment law firm first-hand.
- Call center agents
- Customer support workers
- Sales representatives
- Assistant store managers
- Delivery drivers
- Entertainment workers
- Home health aids
- Hospital support staff
- Tipped restaurant staff
- Construction crew workers
- Factory production workers
- Logistics warehouse workers
- Field technicians
- Cable installers
- Social workers
- Personal bankers
- Mortgage brokers
- Insurance agents
- Residential care workers
- Property managers
Speak with the Wage and Hour Lawyers at Brown LLC
about whether you are receiving proper compensation. You may be entitled to double damages plus attorney fees and there is never any obligation to call.
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.
The FLSA only excuses employers from paying salaried employees overtime pay if they receive guaranteed pay of at least $684 per week and fall into one of the following categories:
Executive employees
Executive employees are exempt from overtime pay if, at least 50% of the time, they are involved in managerial activities outside the activities of regular employees; they usually direct the work of two or more full-time employees; they have the authority to hire and/or fire employees, or their recommendations to hire and/or fire employees are given significant weight; and regularly use discretion on significant matters.
Administrative employees
Administrative employees are exempt from overtime pay if, at least 50% of the time, they perform intellectual, managerial, or creative work that requires independent judgment on matters of significance.
Professional employees
Professional employees are exempt from overtime pay if they are state-licensed or certified in a profession (such as law, accounting, teaching) or are in what is commonly recognized under a “learned” or “artistic” profession (such as editor or musician).
These issues can become complicated.
Speak with the wage and hour lawyers at Brown LLC, 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 employees “Independent Contractors.” The U.S, Supreme Court set guidelines to determine whether an individual is an employee or independent contractor, such as whose equipment you use, where you do your work, who supervises you, and how you are taxed. Generally speaking, the more control the employer exerts over the individual, and the less likely the individual is able to take other work, the more likely he or she will be considered an employee rather than classified as an independent contractor, and be “exempt” from receiving overtime compensation. 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.
Have a Wage and Hour Law Firm Led by a Former FBI Special Agent Assist You
Origins of the Wage and Hour Law
The current incarnation of the wage and hour law 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 work week of 40 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.
Wage and Hour Lawyers Empowering You
With Answers to Commonly Asked Questions
Can I Sue my Employer for Not Paying Me Correctly?
Yes. You can sue your employer for any number of wage violations, the most common being:
Minimum Wage Violations
When an employer fails to pay its employees the federally-mandated minimum wage, they are liable for wage theft. The FLSA has established a minimum wage that employers must pay employees. This includes tipped employees, such as waitpersons in a restaurant that make less than minimum wage because tips make up for the difference. Many states have established a minimum wage that is typically higher than the federally-mandated minimum wage. Your employer may also unlawfully deduct wages.
Overtime Pay Violations
The FLSA and state laws require employers to pay overtime to employees that work more than 40 hours in one workweek, and some states allow employees to receive overtime pay for working more than eight hours during a workday. A workweek spans seven days and it can start and end on any day. Overtime pay is one-and-a-half times a worker’s typical wage.
Working Off the Clock
Some employers require employees to complete job-related responsibilities before clocking in and after clocking out, which violates the FLSA and state employment laws. Not only is it illegal to force you to work off the clock, but your employer can also be held legally liable if something happens to you while you work off the clock, such as an injury.
Deceitful Record-Keeping
The U.S. Department of Labor requires employers to organize and maintain accurate time-keeping records that include wages, hours worked, and any extra compensation that is job-related. However, many employers simply ignore these rules. Ideally, they should be displayed on a work-related bulletin board.
Know Your Employee Rights
Your FLSA Rights:
The U.S. Department of Labor has created the Fair Labor Standards Act (FLSA), which establishes the employee rights to overtime pay, recordkeeping, minimum wage, and youth employment standards. Under the FLSA, covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour, and overtime pay at a rate not less than one and one-half (1.5) times their regular rate of pay after 40 hours of work in a workweek. Speak with an unpaid wages lawyer to understand your rights.
Your FLSA Rights:
FLSA Minimum Wage.
The federal minimum wage is $7.25 per hour, which went into effect on July 24, 2009. Many states also have minimum wage laws, which can (and often are) higher than $7.25, but they cannot be lower than $7.25. However, the federal minimum wage for employees that regularly receive tips (e.g., waiters/waitresses) is $2.13, but the tips an employee received, when added to the minimum wage, must equal at least $7.25.
FLSA Overtime.
Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half (1.5) times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest unless overtime is paid on such days.
Hours Worked.
Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.
Recordkeeping.
Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.
Child Labor.
These provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.
Speak With Our Wage and
Hour Lawyers Today.
You may be entitled to double damages and attorney fees paid by your employer.
Time is of the Essence.
The earlier you enlist the aid of qualified wage and hour attorneys, the better able he or she will be able to help you with your claim.
No Risk. No Fee.
We only take cases on contingency, which means we are only paid if we win your case.
Convenient Hours
We can take calls after hours or on weekends when it’s most convenient to you so your employer doesn’t find out.