Unfortunately, employees are taken advantage of by their employers in many ways every day. Examples of this include failing to pay overtime and requiring that certain work be performed “off the clock.”
Fortunately, there are laws enacted to prevent this conduct. The Fair Labor Standards Act (FSLA) and state laws protect workers against wage and hour violations and provide for damages when such violations occur.
The Department of Labor (DOL) has estimated that more than 70% of all employers violate the requirements of the FLSA. Employer violations affect thousands of workers, including everyone from mortgage brokers to tipped employees to pizza delivery drivers.
Wage and hour lawsuits have resulted in the recovery of millions of dollars in back wages and also help prevent employers from using these tactics.
Often times, since these unfair practices affect more than one employee, these cases can be brought as class actions.
Examples of wrongful employer conduct often include the following:
Your employer can't require off-the-clock work or fail to pay employees for required work that occurs before or after their official shifts
Employers often mistakenly categorize employees as salaried to avoid paying for overtime. In many instances, salaried employees are entitled to overtime pay. Employees who receive pay in the form of commissions are also often entitled to receive overtime pay.
FLSA requires payment for any break of less than 20 minutes.
To avoid payment of wages, overtime, benefits or taxes, employers often wrongfully categorize an employee as an independent contractor. As there are numerous factors to consider if you believe you have been wrongfully classified as an independent contractor, please contact us for a free consultation.
In many instances, the employer will take tips or require that tips are shared with non-tipped employees. This conduct is often illegal.
Employer misconduct that may also be illegal includes the failure to pay for work travel time, improper deductions from salary, and untimely payment of wages. Successful litigation can recover payment of unpaid wages, overtime, and benefits.
Liddle & Dubin, PC dedicates our practice to seeking legal compensation for people who are being taken advantage of by corporations and government agencies.
If you believe that you have been a victim of unlawful practices by an employer, please contact us.