LEGAL AREAS
Wage and Hour Lawyers
It’s your right to get paid for your work. If you’ve been wrongfully denied pay by your employer, then the law may entitle you to sue for damages. Sadly, not all employers are honorable or fair — many employers engage in wage theft. This includes failing to pay wages, or even intentionally misclassifying you as a manager so as to avoid paying overtime. Wage and hour disputes often turn on the “details” of the case, and so they can be difficult to assess at a glance. We encourage you to call our team here at 1-800-THE-LAW2. We connect you to our network of experienced lawyers for a free consultation and case evaluation today.
What Is The Fair Labor Standards Act?
The Fair Labor Standards Act (FLSA) imposes a number of rules when it comes to wage and hour issues. These rules establish a federal baseline, though states can make the rules more strict depending on their own regulatory policy. For example, the federal minimum wage is $7.25 per hour, but the minimum wage in your city may be as high as $15 per hour. If your employer violates the applicable minimum wage in your area, then you could be entitled to significant damages in the form of wage compensation (and if the employer was particularly egregious or malicious in violating the law, then bonus punitive damages may also be available). The FLSA also imposes requirements such as meal/break periods, overtime pay rules, and more. If an employer violates any of these requirements, they can be sued for compensatory damages.
Common Wage And Hour Issues
Employees are entitled to be paid for the hours they put in at work — unfortunately, there are countless examples of both large and small employers refusing to pay their staff the wages they’ve rightfully earned. A wage and hour attorney can help clients secure compensation for wage theft issues that include:
- Unpaid overtime
- Unpaid wages
- Unpaid commissions/bonuses
- Improper meal and rest periods/breaks
- Unlawful wage deductions
- Employee misclassification (exempt or non-exempt)
- Retaliation-related issues
- Failure to pay minimum wage
- And more
Each of these scenarios involves a different set of laws and procedures, and the nature of the claim can vary depending on the specific circumstances underlying your case. For example, an unpaid wages claim may evolve into a retaliation claim if you discover that your employer withheld wages in order to “punish” you for some legal act (i.e., such as pursuing a discrimination complaint against your employer). Wage and hour claims may initially seem straightforward but can often develop into complex, multilayered disputes. As such, it’s important to consult with an attorney for a comprehensive case evaluation and further guidance on how to proceed.
We do not recommend handling your claim without legal representation. If you do, accident insurance companies can and will take advantage of complicated procedural and legal issues to put you in a vulnerable position. Once you hire an attorney, they will be a comprehensive advocate for your rights. It’s their job to keep you informed of every step in the legal process, without having to get you involved in the tediousness of filing paperwork, gathering evidence, or communicating with your insurance company.
Hiring An Attorney — Why It’s A Good Idea
Hiring a wage and hour attorney is a critically important step in successfully pursuing compensation for your wage and hour claims. Though many plaintiffs believe that their case is “small” enough to handle on their own, the truth is that:
- The regulations surrounding wage and hour disputes can be complex;
- detailed procedural issues (such as statute of limitations deadlines) can pose a barrier to recovery for those who are not trained attorneys; and
- employers who fail to adhere to basic wage and hour laws tend to be hostile and aggressive when confronted.
- Gathering and preserving evidence
- Identifying supportive witnesses
- Beginning negotiations with the employer
- Developing a solid legal argument in your favor
- Arguing the case in court (if necessary)
- And more