Benefits of a Wage and Hour Attorney

The Fair Labor Standards Act (FLSA) contains numerous federal laws regarding minimum wage, overtime requirements, and what an employer is and is not permitted to deduct from an employee’s paycheck. Many wage and hour violations are blatant, such as refusal to pay overtime to non-exempt employees. 

When employers fail to properly compensate workers, they may open themselves up to legal action. Among the numerous benefits of working with a wage and hour attorney, a lawyer can help determine if you should file a lawsuit or administrative claim.

Understanding the Types of Wage and Hour Violations

Employees fall into one of two classifications under the FLSA – exempt and non-exempt. Exempt workers are not required to be paid overtime. These workers are typically in executive positions, administrative positions, computer software employees, and outside sales roles in salaried positions that pay at least $684 per week (*the minimum salary requirement was due to increase to $844 per week as of July 1, 2024 but see below for an update on these changes). 

Non-exempt workers must be paid overtime. Workers in fields like manufacturing, construction, restaurant service, nursing, and childcare may be entitled to overtime pay. This means they must be paid at least 1.5 times their normal pay rate for every overtime hour worked.

One of the benefits of working with a wage and hour attorney is they can help to file a lawsuit for compensation for your unpaid wages. Incorrectly calculating overtime hours is just one glaring example of wage theft.

Other wage and hour violations including failure to pay for off-the-clock time, tip sharing violations, and paying less than minimum wage. Employee misclassification is another common type of wage and hour violation. For example, when a company incorrectly classifies an employee as exempt or as an independent contractor, that worker could miss out on key benefits like overtime, Social Security, or healthcare contributions.

Top Benefits of Working with a Wage and Hour Attorney

A worker who is not paid fairly or denied their benefits should speak with a wage and hour attorney immediately. An attorney can ensure sure a worker gets paid what they are entitled to under the law and take proactive action against employers who try to skirt the FLSA’s requirements. 

An attorney can negotiate settlements, mediate wage and hour disputes, and take a case before a judge when necessary. The laws governing wage and hour claims are extremely complicated. It is essential to have an attorney on hand to uphold a worker’s legal rights and fair labor standards. 

A lawyer can craft compelling arguments to secure the benefits, backpay, liquidated damages, and other recoverable compensation that the client deserves. An attorney with proven experience and education in this area of law can fight back against illegal employer tactics and protect the client’s rights in state or federal court.

Work With a Knowledgeable Wage and Hour Attorney

If your company has engaged in unpaid wage violations, such as failing to compensate you for overtime, misclassifying your employee status, meal break violations, or illegal paycheck deductions, you may be entitled to take legal action. One of the key benefits of a wage and hour attorney is that you do not have to try to navigate the legal system on your own. 

An attorney can advise you of the best approach for your circumstances and manage every aspect of your claim from collecting evidence to representing you at settlement negotiations or court hearings. Contact our firm today by using our confidential chat function or submitting a form to get the representation you deserve for your wage and hour claim.

*Federal Court Undoes New Salary Threshold Increases

On November 15, 2024, a federal judge appointed by Donald Trump released a decision undoing the 2024 Department of Labor (DOL) rule that increased the minimum salary threshold for exempt employees to $43,888 a year ($844 weekly) effective July 1, 2024, and to $58,656 a year ($1,128 weekly) effective January 1, 2025 (with annual increases thereafter). The court believed that the Department of Labor exceeded its authority by prioritizing salary over job duties when both salary and job duties are required to be considered. While the DOL did initially file an appeal to try to overturn this decision, as of April 29, 2025, the DOL under the Trump administration has asked for a stay of the appeal pending the DOL’s reconsideration of this rule. Therefore, it seems likely that the 2024/2025 salary increases are now dead.

The decision means that the previous salary threshold from 2019 ($684 per week / $35,568 annually) will go back into effect. This decision does not, however, impact any salary threshold changes under state overtime laws (e.g., CA, NY, WA).