Wage & Overtime

Our firm has successfully represented tens of thousands of workers to recover unpaid minimum wages and overtime under the Fair Labor Standards Act (FLSA) and various state laws. Unfortunately, many employers all too often see violating federal and state wage laws as an easy way to increase their bottom line. We’ve represented workers in all sorts of industries, from meatpacking, restaurants and call centers to nursing homes, gas stations, and utility companies.

Here are some of the common overtime violations that we routinely encounter:

• Working off the Clock – Sometimes workers aren’t paid for all the time they spend working. For example, they are required to arrive early and prepare for their shift, attend meetings, or stay late to finish work “off the clock.” In some instances, managers subtract or “shave” time from a worker’s time records or refuse to pay “unauthorized” overtime. These practices are illegal.

•   Misclassification – While it is true that many workers are “exempt” from the overtime laws, in many instances, employers improperly classify their employees in order to avoid paying them overtime. If you are paid a salary, but routinely work over 40 hours per week with no overtime pay, your overtime rights may have been violated. Many “management” jobs don’t meet the actual requirements to be exempt from overtime and many “professional” positions are still eligible for overtime compensation. A salaried worker’s entitlement to overtime does not depend on his or her title, but rather the job duties actually performed by the worker.

•   Independent Contractors – Many so-called independent contractors should receive the same overtime pay and benefits received by traditional W-2 employees. By classifying workers as independent contractors, employers can avoid overtime obligations, retirement benefits, health insurance, the employer’s share of payroll taxes, and worker’s compensation and unemployment benefits. Courts routinely invalidate independent contractor status based on several factors, including the amount of “control” exercised by the employer over the worker. The only way to be sure that you are properly classified as an independent contractor and not missing out on valuable benefits and pay is to consult with qualified lawyers who understand the various factors that courts have considered.

Our lawyers have handled overtime claims under the federal Fair Labor Standards Act (FLSA) and various state laws all around the country. Our experienced lawyers and staff can help you navigate the complicated overtime laws and regulations and are always available to review your case – at no charge and with no obligation. Our firm has recovered millions of dollars of unpaid overtime on behalf of clients in over 20 states around the country. We believe workers should have lawyers in their corner willing to protect their right to an honest day’s pay for an honest day’s work.

We have represented thousands of workers in the following industries or with these job types:

•   Call center workers
•   IT workers
•   Oil & Gas workers
•   Nurses and Therapists
•   Food processing workers
•   Assistant managers
•   Retail workers
•   Sales representatives
•   Installers
•   Waiters, waitresses and other tipped employees
•   Independent contractors
•   Service technicians
•   Mortgage brokers & personal bankers

Attorneys

FURTHER READING

In the News

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