Wage & Hour Employment

Unfortunately, employees are taken advantage of by their employers in numerous 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 mortgage brokers, tipped employees, and pizza delivery drivers.

Wage and hour lawsuit litigation has resulted in the recovery of millions of dollars in back wages and also helps 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:

  • Off-the-clock work or failure to pay for employer required work that occurs before or after the employee’s official shift;

  • Failure to pay overtime to salaried or commissioned employees. 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;

  • Failure to pay for breaks of less than 20 minutes. FLSA requires payment for any break of less than 20 minutes;

  • Misclassification of an employee as an independent contractor. 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;

  • Failure to pay tips. 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, and improper deductions from salary and untimely payment of wages. Successful litigation can recover payment of unpaid wages, overtime and benefits.

If you believe that you have been a victim of these practices, please contact us.

Call (800) 536-0045 or complete the following form to schedule your free consultation today.

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