In addition to figuring out if your employer has violated a federal or state law, an employment lawyer can present you with the options for challenging an employer's illegal conduct and discuss whether you have a case worth pursuing. Discuss Your Options When an employer violates wage and hour laws, an employee often can sue the employer.
If your employer is in breach of an agreement or you are owed unpaid wages, we urge you to contact an employment law attorney. California requires you to act quickly by imposing strict deadlines for pursuing an action for relief. Failure to abide by these deadlines will result in forfeiture of viable claims. Free Confidential Legal Consultations.
The minimum wage in Florida is $8.56 an hour. Federal overtime rules apply in Florida. So, an employee in Florida should probably submit a claim for unpaid wages to the federal WHD. The state of Maryland has a minimum wage of $11 per hour. An employer must pay overtime for time worked over 40 hours a week.
Jul 10, 2015 · Having an employment attorney is especially helpful if you plan to sue your employer. If you plan to sue your employer, you should learn what your rights and responsibilities are, collect any documents related to your case (e.g., pay stubs, employment contract), and determine which court you will file your lawsuit with. KM&A offers free and immediate …
An employment lawyer can also give you an assessment of your likelihood of prevailing in any of the above options, and the cost for undertaking each of them. You and your lawyer will discuss what you might recover in damages and the attorney fees you may have to pay to pursue those damages.
If your employer has not paid you fully for your work, you may be entitled to penalties and, in some states, attorney's fees, in addition to payment of wages owed.
premium overtime pay for hours worked over the legal straight-hour maximum (over 40 hours in a workweek under federal law; over 8 hours in a workday under some state laws), or . for travel time during the workday that is related to work (and, in some states, certain travel to and from work).
Wage Claims. You may have a claim for unpaid wages if your employer has failed to pay you: minimum wage. for break time provided by law (or has not allowed you to take required breaks) for "off-the-clock" work. for time you need to put on or take off safety or other work-related gear or uniforms.
When an employer violates wage and hour laws, an employee often can sue the employer. But, in many situations, the employee may have other options. For example, in some states, you can file a claim for unpaid wages against your employer with the state labor department, which will then hold a hearing to issue a finding on the claim.
We represent employees in wage and hour disputes concerning the following: 1 Employer’s failure to compensate for denied meal and rest breaks 2 Employer’s failure to provide accurate wage statements 3 Employer’s failure to timely pay wages, including overtime pay 4 Unpaid sales commissions 5 Employer’s failure to reimburse employees for work related expenses 6 Misclassification 7 Retaliation for complaining and/or asking for unpaid wages
If an employer retaliates against you for exercising your rights, you may have an additional claim for whistleblower retaliation. If your employer is in breach of an agreement or you are owed unpaid wages, we urge you to contact an employment law attorney.
Vacation pay: Vacation pay is treated the same as all other forms of compensation at termination; i.e., accrued vacation pay must be paid to the employee immediately upon an employer-initiated termination and within 72 hours of an employee’s resignation. Labor Code §§ 201-202.
Not only does the FLSA enforce the payment of wages to employees, but it also sets the federal minimum wage and establishes overtime policies for employees. The federal minimum wage is currently $7.25 per hour, but many states have increased their state minimum wage.
If you believe your employer is withholding wages from you, you can file an unpaid wages claim through the U.S. Department of Labor’s Wage and Hour Division (WHD). If your claim relates to your state’s minimum wage law, however, you must file through your state’s wage and hour division.
The WHD may also offer to sue your employer on your behalf if they believe the situation is serious enough. You have the option, however, to refuse their offer and instead file a private lawsuit against your employer. Suing your lawyer for unpaid wages can result in an award of both backpay and liquidated damages.
When your employer withholds your wages, the consequences for you and your family can be serious. Everyone deserves payment for the time they put in at work, and you must fight for your rights as an employee if you want justice. You can use evidence such as pay stubs, time records, and witness statements to support your case.
The minimum wage in Florida is $8.56 an hour. Federal overtime rules apply in Florida. So, an employee in Florida should probably submit a claim for unpaid wages to the federal WHD. The state of Maryland has a minimum wage of $11 per hour. An employer must pay overtime for time worked over 40 hours a week.
A person can file a lawsuit under federal law in court; this must be done within two years of the violation, i.e., the date on which the wages became unpaid, unless the employer’s violation was willful. For a willful violation of federal law, the time limit is three years.
If several employees are similarly affected by unpaid wages, a class action lawsuit might be filed. It is also important to note that unfair wages are a specific subset of wage theft violations. Sometimes the terms “wage theft” and “unfair wages “are used to refer to the same conduct.
For example, California requires a minimum wage of $13 an hour for employers who have at least 26 employees. Overtime pay of time-and-a-half must be paid for hours worked over 8 in a day, 40 in a week, and for the first 8 hours of the seventh day worked in a week.
Withholding salary and other wage infractions are illegal. An unpaid wages lawsuit may result in significant negative legal consequences for an employer. These consequences might include: A damages award, paid by the employer to the employee, to make up for lost wages and other costs;
The WPCL outlines how employers must pay their employees and the legal remedies available to employees when their rights are violated.
If an employer fails to pay your wages 30 days beyond a scheduled payday, OR 60 days beyond an “agreement, award, or other act making wages payable,” you are entitled to liquidated damages. Liquidated damages are calculated as 25% of your unpaid wages or $500, whichever is greater.
If you plan to sue your employer for unpaid wages, you should first contact an employment attorney. Not every unpaid wages claim is the same. Different rules apply when fringe benefits and railroad wages are involved, for example. In order to be best prepared, you should discuss your case with a legal professional who can advise and represent you.
Employer fails to pay for all hours worked: Time spent working for the benefit of your employer – regardless of whether you’re on the employer’s premises – is considered compensable time and should be paid. Examples of compensable time include time spent: 1 Checking emails from home 2 On-call 3 Turning on computers 4 Cleaning equipment 5 Putting on equipment 6 Undergoing some security checks 7 Working through meal breaks 8 Attending training or safety classes 9 Taking short breaks that last between 5 and 20 minutes 10 Initial drive time from the company’s location to the first job of the day, or the last drive time of the day back to the company’s location
If your job is on this list and you were denied overtime or shorted pay, you may be eligible to file an individual lawsuit or a collective action lawsuit on behalf of yourself and other employees to recover your unpaid wages.
For example, an employee who works 30 hours one week and 50 hours the next has his hours averaged and his paycheck shows that he worked 40 hours each week. As a result, he never receives overtime pay for the 10 hours he worked in the second week. This is sometimes called "comp time.".
There are a number of ways in which your employer may shortchange your wages in violation of federal or state law. For example, your employer may claim that you can’t receive overtime pay unless you have permission to work extra hours (even though they then “let” you work the overtime hours without paying you) or refuse to pay you for time spent doing certain work-related activities (i.e. putting on safety equipment, checking e-mails from home, going to before- and after-hours meetings).
Half pay, also known as a "Chinese overtime" or the “fluctuating workweek”, is when workers receive overtime pay at a rate one-half times their typical hourly rate. There are, however, strict criteria the employee must meet to be eligible for “half-time.”.
Another way improper comp time is used is instead of giving their workers overtime pay, some companies may give their workers “comp time” or hours that can be used toward a vacation or sick time. For private employers, this is illegal. The employer pays “half-time.”.
Employer fails to pay minimum wage: The federal minimum wage is $7.25 per hour, but some states have passed legislation enforcing a higher minimum wage. Despite federal and state laws, some employees are cheated out of minimum wage.
Employment law applies to disputes between an employer and an employee. If you have a workplace dispute or issue that cannot be resolved by your employer, you might be able to file a lawsuit against the employer.
Discrimination Violating the Family and Medical Leave Act (FMLA): The FMLA is a federal law that provides certain employees with up to 12 weeks of leave for certain medical reasons. Under the FMLA, employers must continue the employee’s health care benefits. The FMLA also provides for job protection.
An employee may be able to sue their employer. Claims against an employer include: Sexual harassment: There are two types of workplace sexual harassment. The first is known as hostile work environment sexual harassment. This kind of sexual harassment occurs when a person engages in unwanted and offensive conduct that affects ...
The second kind of harassment, known as quid pro quo sexual harassment , occurs when a higher-ranking employee requires or demands that a lower-ranking employee perform sexual favors or submit to sexual demands, as a condition of keeping their job or job benefits. Discrimination Violating Title VII of the Civil Right Act of 1964 ...
It is also illegal to interfere with an employee’s FMLA right to leave. Discrimination Violating the Equal Pay Act: The Equal Pay Act protects against gender discrimination. This federal law requires employers to pay employees equal pay for equal work, regardless of their gender.
Discrimination Violating Title VII of the Civil Right Act of 1964 (Title VII): An employer violates Title VII of the Civil Rights Act of 1964, a federal law, when the employer discriminates against an employee on the basis of the employee’s race, color, religion, sex, or national origin.
Each state administers its own workers’ compensation laws. Employers must provide workers’ compensation benefits without regard to who caused the injury (whether employer or employee). An employee whose employer refuses to pay the benefits may file a claim with the State Workers Compensation Board seeking payment.