Minimum Wage Violation Lawyer

The federal Fair Labor Standards Act (FLSA) sets a federal minimum wage for most workers. Some states and cities have set a higher minimum wage. An employer must pay its workers at least as much as the statutory minimum wage in their jurisdiction.

Unfortunately, employers have many techniques for denying workers the wages they earned. If you believe your employer is not paying you appropriately, speak with an experienced wage and hour attorney at The Lore Law Firm.

Our minimum wage violation lawyer has years of experience holding employers accountable when they cheat their workers. We represent workers nationwide, and we are happy to answer your questions and guide you on the best course of action.

Understanding the Federal Minimum Wage

The federal minimum wage is set by law. It is currently $7.25 per hour. It applies to most workers, but some can legally be paid less than the minimum wage. 

For example, tipped employees can be paid as little as $2.13 per hour, but when their tips are added in, they must earn at least the minimum wage for the hours they worked. Full-time students, workers under 20 during their first 90 days of employment, some workers with disabilities, and student learners also may be paid less than the minimum wage. 

Minimum Wage Laws Do Not Apply to Some Workers

Workers in some industries may not be covered by the minimum wage law. For example, in-home childcare workers, people working in auto sales, some agricultural workers, and independent contractors do not get the benefit of the minimum wage. 

Some employees are exempt from the minimum wage laws and overtime requirements because they work as executives, managers, professionals like dentists and accountants, or in sales. Speak with a knowledgeable minimum wage violation attorney when you have questions about whether an employer is justified in paying less than the minimum wage.

Higher Minimum Wage in Some Jurisdictions

The federal minimum wage is a baseline employers must meet in most cases. However, states and municipalities can enact laws setting a higher minimum wage. When a local law governs the minimum wage, a worker must receive the higher of the two minimum wages.

How Employers Avoid Paying Minimum Wage

Employers can avoid paying the minimum wage for every hour worked by requiring workers to do job-related tasks or assignments off the clock. This is a common form of wage theft. 

Another tactic employers use is deducting charges for uniforms, equipment, and other unjustified expenses from a worker’s pay. It is important to speak with a minimum wage violation attorney when you suspect employer deductions from your check are not appropriate.

Misclassifying a worker as exempt because of their job duties or because they are an independent contractor is a common way employers avoid paying minimum wage. There are legal tests to determine whether an employee’s duties lead to exempt status or whether they are an independent contractor. A seasoned workers’ rights attorney could determine whether an employer misclassified an employee and if so, demand back wages, penalties, and other compensation.

Consequences for Employers Who Break the Minimum Wage Laws

Employers might try to pay less than the minimum wage to save money. When they get caught, they may end up paying much more than they saved by cheating workers out of their wages.

29 United States Code § 216(b) allows workers to file a lawsuit to get back pay with interest for the wages they should have received. The court might order the employer to pay your court costs and attorneys’ fees.

Filing a complaint with the federal Department of Labor or the state agency that protects workers also could be appropriate. The employer might face fines, audits, damage to its reputation, and even loss of its business license.

Talk to a Workers’ Rights Lawyer About Minimum Wage Violations

Most workers who earn minimum wage need every penny. When an employer cheats them out of the money they have earned, it can have catastrophic consequences for the worker.

You have the power to stop this kind of wage theft. Speak with a minimum wage violation lawyer at The Lore Law Firm to learn about your options. Reach out today to get started.