Unpaid Wages and Overtime Violations

Unpaid Wages and Overtime ViolationsWe fight to ensure that employees are properly compensated for all time worked. Most employees are required to be paid at least the minimum wage, on time and in full. In addition, they are entitled to 1.5 times their regular rate for all hours worked in excess of 40 in one workweek. Employers often misclassify their employees as “exempt” from these compensation requirements and refuse to pay them in accordance with federal and state laws.

Such violations typically occur when:

  • Hourly employees are not paid overtime regardless of their job title.
  • Certain salaried employees are not paid overtime.
  • Employees are classified as “managers” but spend the majority of their time doing non-managerial work.
  • Employees are not paid their full wages, tips and commissions in the time prescribed by the laws.
  • Commission is not factored in as part of the regular rate, when calculating the overtime rate (1.5 times regular rate).
  • Employers make improper deductions from paychecks.
  • Employees are required to do work-related tasks “off-the-clock.”
  • Time-keeping system rounds time against employees, causing working time to be cut and not paid.
  • Unpaid meal and rest breaks that are interrupted with work.
  • Employees are called in to work but then sent home without being paid for at least four hours (Three hours in the hospitality industry).
  • Employees are not paid for “on-call” time.
  • Employees do not receive their final paycheck after termination or resignation in the time prescribed by the laws.

Under federal law, employees can typically recover their unpaid wages for up to three years from the date it was earned. Some state laws, such as in New York, allow for up to six years for such recovery. Employees may also be eligible for additional compensation and penalties against their employers stemming from their violations of federal and state wage and hour laws.

We are dedicated to representing employees and combating such unlawful wage theft practices. If you believe you have not been properly compensated, or have any questions regarding your employer’s practices, please contact our attorneys today for a free and confidential consultation: (877) 476-7797.

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