Trusted Attorneys, Proven Results
We are different from other employment lawyers because we work as trial attorneys to resolve your problems. Once we take your case and commit to you, your success is our priority, and we are prepared to litigate the matter to the fullest extent of the law. Contact us, and we can explain more about the process of hiring experienced trial lawyers for your wage claim case.
until we win
unfairly denied or owed wages?
Our employment law practice helps workers across the nation
State Specific Employment Facts
While federal wage and hour laws regulate most of the employment laws across the country, some states have additional protections in place for workers. Click on the map to learn more about laws in your state.
California employment fact:
Hourly paid employees are entitled to an overtime rate (the regular hourly rate multiplied by 1.5) when they work more than 8 hours in one day, 40 hours in one week, or for the first 8 hours on the seventh consecutive day of work. Double-time pay is required to be paid when employees work more than 12 hours in one day or more than 8 hours on the seventh consecutive day of work.
New Mexico employment fact:
In the state of New Mexico, overtime means hours worked in excess of 40 hours in a seven day work week. Employees have up to three years to file a wage violation claim.
Illinois employment fact:
In the state of Illinois, non-exempt employees must be paid bi-monthly and commissioned employees must be paid monthly. At the end of employment, all employees must be paid all of their (1) Earned bonuses and commissions; (2) Earned (Unused) vacation; (3) Unpaid expenses by there next regularly scheduled paycheck
Pennsylvania employment fact:
Employers in Pennsylvania are not allowed to pay on a fluctuating work week scheduled. This means employees must be paid one and one-half times their regular rate for hours worked over 40. Employees have up to three years to file a wage violation claim.
New York employment fact:
Workers in New York can’t work shifts of greater than ten hours without receiving additional “spread-of-hours” compensation. This means the employer must pay an "extra" hour of pay equal to one hour of pay at the minimum wage. Employees have up to six years to file a wage violation claim.
As in the workplace, in the courtroom it is always important to choose the RIGHT TEAM. Our team of award-winning trial attorneys is dedicated to our clients. We have the staff, the resources, and the significant legal experience to fight for you and your hard earned wages.
Tell us about
If you have not been compensated for your time correctly, contact us today. We can help you receive the back wages that you have already earned but not yet been paid. If your employer does not pay you to attend meetings or training, for travel time to and from a worksite, or fails to pay you overtime wages, you may be eligible for back wages.
Nationwide Help! Toll Free: 888-992-2990
11 Greenway Plaza, Suite 3050
Houston, TX 77046
until we win
Frequently Asked Questions
What is the FLSA?
The Fair Labor Standards Act (FLSA) is a federal law protecting the rights of American workers. It ensures all hourly workers receive a minimum wage, sets the rules for who is eligible to receive overtime pay, enforces recordkeeping by employers, and establishes regulations affecting full-time and part-time workers.
What is considered overtime?
Overtime consists of any hours over 40 an employee works in one workweek (defined as a seven-day period). When paying overtime, employers must pay at least one and one-half (1.5) times the worker’s regular hourly rate. For example, if you make $15.00 per hour, then you should be paid $20.00 for each hour you work past 40 hours in a workweek. Regardless of whether you are classified as salaried,hourly or labeled as an independent contractor, you may be eligible for overtime if you work more than 40 hours.
How long do I have to
bring a wage claim?
The law typically allows employees to go three years back in time to recover their unpaid wages and penalties from both current and former employers. Some states like California (4 years) and New York (6 years) allow employees to go back even further. It is very important that you act quickly if you believe you have a potential wage claim. The longer you wait, the more of your unpaid wages you potentially give up.
How do I know if I have an
FLSA wage claim?
Contact the experienced FLSA lawyers at Josephson Dunlap for a free consultation. Not all attorneys are familiar with employment and wage/hour law but we have been handling these cases for over ten years and have helped tens of thousands of workers recover their hard-earned back wages. If you already have a lawyer and they are not familiar with this law, your attorney may choose to “affiliate” with a lawyer experienced in FLSA law.
Do I have to have proof of my unpaid wages or hours worked?
In most instances, the employer—not the employee—is required to maintain proper and accurate records. While it is helpful if you have documentation to support your claim, the law does not require it and employees who don’t have proof are permitted to give a reasonable estimate of the hours that they worked, their duties and/or their unpaid wages.
The lawyers of Josephson Dunlap recovered $5 million for Loss Prevention Managers working at Sears Roebuck.
A nationwide lawsuit involving the misclassification of Assistant Store Managers for Rite Aid and Eckerd resulted in a $20.9 million settlement.
Harris Ranch Beef Company failed to pay employees for off-the-clock work, resulting in a $2.25 million settlement for their workers.