Are You Owed Overtime And Unpaid Wages?
March 23, 2018 | Commercial Litigation & Class Actions
Thousands and thousands of people go to work each and every day and most do it for one reason- to earn a paycheck so they can survive.
Today’s culture is based on the exchange of hourly work for a set amount of pay- and when that pay is stolen by the one trusted to hand over the funds for the work done, people are hurt in many ways. Bills go unpaid, children go without food, medical care is skipped, and quality of life drastically deteriorates. If you or a loved one are owed overtime pay and unpaid wages, contact us today to see how we can help you get the money you are owed for the work you have done for your employer!
Fear of Being Fired
The biggest reasons so many employers get away with not paying their employees what they are owed is that their staff fear being fired or fear some other type of repercussion for fighting for their wages. That’s a fair concern and is one that we often hear when meeting with people to go over their cases. Fortunately, the law makes it illegal for any employer to retaliate against an employee who demands their fair pay under the law.
Companies who fail to pay their workers as they should, will end up finding themselves facing both criminal and civil penalties if they take any action against their staff for their pushing to get the money they are owed. Judges enforcing these laws come down hard on employers who retaliate against employees. While it may be a bit of a fight to get your wages released you are protected legally from being terminated, punished, or otherwise reprimanded for speaking up and asking about the missing pay. If you are concerned about retaliation, finding a skilled and experienced attorney to represent you and fight for your rights to a fair and just pay for your work is the single best way to protect yourself.
Industries with Frequent Wage and Hour Violations
Our attorneys handle cases on behalf of workers in all fields; but there do seem to some fields that are more prone to these types of cases and they include:
- IT workers
- Service technicians
- Sales representatives
- Nurses and healthcare workers
- Tipped employees
- Oil and gas field workers
- Call center workers
- Personal bankers
- Mortgage brokers
- Retail employees
- Exotic Dancers
- Airline Employees
If your job is on this list or if it is not and you have been cheated out of wages or overtime pay by your employer, contact us today to get started with your case! We bring years of experience to the table and we can fight for your rights.
Examples of Cases That Lead to Unpaid Wage Issues
Below are examples of cases our attorneys handle and common violations we see in our practice.
Misclassified as exempt: Some employees legally are exempt from the normal working regulations of 40 hours and overtime pay for anything over that- but far too often employers will misclassify employees, whether accidently or intentionally.
Misclassified as an independent contractor: Independent contractors are not treated as normal employees and are exempt from many of the benefits employees get such as guaranteed hours, overtime, health care, and other benefits. This misclassification is the debate of the Uber Lawsuits that have been prevalent over the past several years
Employer fails to pay minimum wage: There is always a minimum federal wage that is to be paid it the vast majority of employees- but when an employer fails to pay the wage, the workers are entitled to the rest of the money for the hours worked.
Employer fails to pay for all hours worked: Any time spent actively working on the duties associated with the job they are hired to do are to be compensated. Examples of compensable time include time spent:
- Checking emails and making calls from home
- On-call hours even if off site
- Turning on and cleaning equipment
- Putting on safety gear or uniforms
- Undergoing security checks
- Working through meal breaks
- Classes and training required by the employer
- Short 5 to 20 minute bathroom, drink, and stretch breaks
If your employer isn’t properly tracking your work time, it’s possible you’re getting cheated out of overtime pay because your employer is not properly calculating how much time you worked per week. This is a very common occurrence and we have helped many individuals just like you and we can do the same now- so give us a call!
How Can We Help?
Do you need assistance with a legal matter? Our attorneys have the experience needed to guide you in the right direction.