You Cannot NOT Afford a Minimum Wage Lawyer
A skilled lawyer who understands unpaid minimum wage laws will aggressively fight to ensure that you receive the wages you are justly entitled to receive. Many concerned minimum wage lawyers will accept payment on a contingency basis; so if you don't win, you don't have to pay.
Most minimum wage claims are covered by the Fair Labor Standards Act (“FLSA”), which is a national overtime pay law that covers certain employers and employees in all states. The current federal minimum wage is $7.25 per hour.
When a state or city has adopted a minimum wage that is higher than the federal minimum wage, employees are entitled to receive the highest minimum wage applicable. Common violations include not paying an employee for all hours worked, paying by commission in weeks where there is little or no commission to be paid, and outright worker exploitation.
Not paid for all hours worked: If an employee must drive long distances but is not paid, is made to wait at a specific location and cannot leave, or is taken off the clock between jobs in a shift, the employer may be violating the minimum wage law. This also occurs if an employee performs work and the employer simply fails to pay the employee.
Insufficient commission: If an employee is paid by the commission, and the commission is less than minimum wages for a work week, the employer may have violated the law.
Exploitation: Unfortunately, some employers will simply exploit workers and pay them less than the minimum wage. This is a particular problem for the uneducated, minority workers, and non-citizens (including undocumented workers or “illegal immigrants”).
If you think you’ve been unpaid or underpaid in any of these ways, it is best to consult with a personal injury attorney experienced in minimum wage or overtime violations as soon as possible. Statutes of limitations vary widely depending on state, as well as federal laws. Delaying could mean that you would receive less or even no compensation for failure to file on time.
Tipped employees are included in the $7.25 minimum wage requirements; however there are a few different ways that this can be calculated.
An employer must strictly comply with the strict regulations regarding a tip credit or the employer loses the tip credit risk paying a penalty. This means that an affected worker could receive twice the tip credit (currently $10.24) for each hour worked in the past two or three years.
Tipped employees are often misclassified and underpaid. If you believe you have been either misclassified or have been paid less than minimum wage, it is a good idea to consult with a lawyer about your minimum wage violation claim.
Sometimes it is the most vulnerable of us who are the most preyed upon in our society. Michael Lore is a skilled minimum wage lawyer who will not only help you file your minimum wage claim, but by doing so, will also help protect other employees from suffering the same injustice. You really cannot NOT afford a good minimum wage attorney.
Disclaimer: This information has been provided based on hypothetical scenarios and are provided for general informational purposes only, and should not be relied on, or considered as legal advice. Under no circumstances does this informational response create an Attorney-Client relationship. Any Attorney-Client relationship must be entered into via a specific written agreement.