What to Do After a Wage and Hour Violation Occurs

Federal and state laws require employers to compensate their employees fairly. These laws provide requirements for employers, including that companies abide by minimum wage rules and pay overtime to eligible workers.

If you believe you were subjected to any type of wage and hour violation, you should speak with a seasoned attorney as soon as possible who can evaluate the situation further. A lawyer can help you understand what to do after a wage and hour violation occurs, and fight to help you recover back pay and other damages you may be owed.

Common Forms of Wage and Hour Violations

Numerous types of wage and hour violations can affect employees in various industries. Unpaid overtime is one of the most frequent violations. 

Under the Fair Labor Standards Act, employees categorized as non-exempt from overtime are required to receive overtime pay. Companies must compensate non-exempt employees at time-and-a-half (150% of their regular hourly wage) for any hours worked more than 40 per week. 

Most non-exempt workers are paid hourly, while the majority of salaried workers, who are paid a fixed amount of compensation for their work, are typically categorized as exempt and not entitled to overtime pay. However, it is important to know that not all salaried workers are exempt, rather, a worker’s salary level and duties are vital factors that determine whether they are actually exempt from overtime pay.

In addition to overtime violations, other common wage and hour issues include:

• Failure to adhere to minimum wage requirements 
• Refusal to pay or late payments 
• Requiring off-the-clock work 
• Stealing tips 
• Failure to pay earned bonuses and commissions 

Some employers may misclassify workers as exempt employees or independent contractors to try to save on costs such as overtime pay. This is not only illegal but can also give rise to litigation for a wage and hour violations.

Important Next Steps after a Wage and Hour Violation

If an employer commits a wage and hour violation, such as not paying a worker on time for their work, an attorney can advise the worker on what to do. Employee misclassification and wage theft are rampant in industries like construction, home care, ridesharing, hospitality, food service, and retail. However, these issues can affect any employee if their employer fails to observe wage and hour laws.  

Depending on the facts and circumstances of the underlying claim, employees may be entitled to seek compensation for unpaid wages, minimum wage and overtime violations, as well as civil theft. Compensation may include up to double back pay, interest on unpaid wages, court fees, and attorneys’ fees. 

An attorney can help an employee pursue all means of resolution, such as communicating with the employer to settle the issue, filing an administrative claim, or proceeding with a formal lawsuit. It is important to speak with a lawyer as soon as possible, as waiting too long could mean losing the right to claim unpaid wages because the statute of limitations expires.

Contact an Experienced Attorney About Your Potential Wage and Hour Violation

Whether you believe you are being misclassified for overtime purposes, underpaid, or are dealing with another employment law issue, an attorney can assist with a wide range of wage and hour violations. You may have a viable wage and hour claim if you have been denied the appropriate compensation for your work. 

An experienced attorney can put insights and knowledge to work on your behalf to achieve the most favorable outcome for your case. Start your free confidential review to learn what to do after a wage and hour violation occurs. We work on a contingency fee basis, which means there is no up-front cost.