When you must work for a living, it can seem like your employer always has the upper hand. There is truth in the perception, but all workers have rights.
The law requires that you be paid for the hours you work, and minimum wage and overtime pay regulations apply in most cases. When you believe you are not receiving the pay the law requires, speak with a wage and hour lawyer right away.
Our skilled unpaid wage attorneys at The Lore Law Firm have years of experience helping workers get the compensation they deserve. They are happy to answer your questions and help you explore your options.
The federal Fair Labor Standards Act (FLSA) is a federal law that applies to most employers. 29 United States Code § 206 requires them to pay their workers at least the federal minimum wage. There are exceptions for some workers in some industries, but most workers are entitled to the minimum wage, as well as overtime pay for hours worked over 40 per week.
The federal minimum wage is currently $7.25 per hour. Many states and cities have passed laws setting a higher minimum wage in their jurisdictions. For example, the minimum wage in New York City is $16.00 per hour, and it is $15.00 dollars per hour in the rest of New York State. When the minimum wage in your location is different than the federal minimum wage, your employer must pay you the higher amount.
The FLSA also requires employers to pay overtime when a worker exceeds 40 hours of work per week. Some states require overtime when a worker is on duty for more than eight hours in a day. An employer must comply with the standards that are most favorable to the worker. A wage and hour attorney can review your specific situation to determine whether an employer is adhering to the law in their jurisdiction.
There are many ways an employer might try to deprive workers of the wages they have earned. Wage and hour violations are surprisingly common. The practice is also called wage theft because employers who commit wage and hour violations are literally stealing money from their workers.
An employer might manipulate time sheets or other records to avoid paying overtime. Another technique is to classify employees as exempt or independent contractors when they should be classified as non-exempt and/or employees. Sometimes, employers require workers to perform work-related tasks off the clock, fail to include all compensation (such as bonuses, shift differentials or other incentives) when calculating the overtime pay rate, take improper deductions from paychecks, or pay straight time for overtime in cash off the books.
These actions are illegal. If you believe your employer is taking advantage of you using one of these methods, contact a wage and hour attorney at our firm immediately.
There are several actions you can take to recover the money your employer stole from you. Filing a complaint with the federal Department of Labor or with the state agency that regulates employers can be helpful. The company might have to repay back wages, pay a fine, and suffer administrative penalties.
In many cases, you can file a private lawsuit by hiring an attorney who handles wage and hour cases on a contingent fee basis (no fee if no recovery). When your attorney proves that your employer violated the FLSA or applicable local laws, the employer may owe backpay, interest, and double damages, called liquidated damages. The employer can also be liable for employees’ court costs and attorneys’ fees.
A lawsuit is not the right option in every case, but it is always worth exploring. The legal professionals at our firm provide a free and confidential evaluation of your situation and can help you determine the best way to proceed to accomplish your goals.
Work deserves full and fair compensation. When your employer violates the law and does not pay what you are legally entitled to, it is important to take legal action.
Contact a wage and hour lawyer at The Lore Law Firm when you suspect your employer of wage theft. Our experienced legal professionals can evaluate your situation and help you determine the best way to proceed. Contact us today for a free and confidential review.
It all starts with a free and confidential case review. A personal case manager will quickly identify if you have a valid claim. If they determine it’s valid, you can rest easy knowing that you won’t pay us a dime unless we recover compensation for you. Our contingency basis is meant to incentivize victims to pursue legal action without financial concerns. Contact us now to learn how our unpaid wages lawyer can help.