Workers across all industries are protected by various federal and state wage and hour laws. These laws impact everything from how much employers must pay employees to when they must pay overtime to how many breaks they must provide employees per work shift and much more. When employers violate federal or state wage and hour laws, employees can hold them accountable.
By filing a wage or hour claim, you can seek fair compensation for your unpaid wages, as well as certain damages, such as pain and suffering. We strongly recommend that you contact the experienced wage and hour claims lawyers at Josephson Dunlap for help with your case. We proudly serve clients nationwide and have successfully recovered hundreds of millions of dollars in unpaid wages and overtime. With more than two decades of legal experience, as well as the extensive resources you can only find at a large, well-establish firm, we are prepared to aggressively advocate for you.
Employers throughout the United States frequently commit a variety of wage and hour violations. These violations negatively impact workers, causing them undue financial loss, not to mention significant stress, emotional hardship, and other long-term consequences.
Some of the most common types of wage and hour violations include:
- Failure to Pay Minimum Wage: One of the most common types of wage and hour violations involves failure to pay minimum wage. The federal minimum wage is $7.25 per hour, and many states have their own, higher minimum wages. In addition, some cities, like San Francisco and Seattle, have enacted their own local minimum wages that are even higher than the state level. Employers who fail to pay at least the applicable minimum wage may be in violation of the law.
- Failure to Pay Overtime: Another common type of violation has to do with overtime compensation. The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees time-and-a-half for all hours worked over 40 in a workweek. Some employees, such as salaried workers in executive or managerial positions, may be exempt from this requirement; however, many other employees must receive overtime pay for any additional hours they work beyond 40. Employers who fail to pay overtime may be found liable for illegally withholding wages from their workers.
- Employee Misclassification: Misclassifying workers is another type of wage and hour violation that occurs frequently. An employer may attempt to avoid paying certain benefits or overtime compensation by misclassifying an employee as an independent contractor rather than as a salaried employee or hourly worker. This can be a serious offense, because it deprives the employee of certain important protections afforded under the FLSA, such as being eligible for overtime pay or being able to collect unemployment benefits if they lose their job due to no fault of their own.
- Untimely Final Paychecks: Employers sometimes violate wage laws when it comes to final paycheck regulations too. Depending on state laws, employers might need to provide departing employees with their final paycheck on the last day of employment or within a specified period thereafter; however, some employers try to delay this payment to save money. When this happens, workers may be able to file a claim for unpaid wages against their former employer, depending on applicable state laws regarding final paycheck timing regulations.
- Failing to Track or Pay for All Hours Worked: Another common type of wage and hour violation involves failing to accurately track working hours or failing to keep accurate records about how long employees worked each week, as well as what the rate at which they were paid during that period of time. If employers fail in this regard, the employee may be entitled to backpay based on what they should have earned had they been paid accurately according to the law throughout that time period.
- Meal and Rest Break Violations: Under the Fair Labor Standards Act (FLSA), certain non-exempt employees who work more than five hours in one shift must receive an unpaid meal period of at least 30 minutes. If the employee works for more than 10 hours, they must also receive an unpaid rest period of at least 10 minutes in addition to their meal break. Employers who fail to provide these breaks or who try to “make up” for them by paying the employee for that time may be found liable for violating wage and hour regulations.
These are just some examples of common wage and hour violations by employers. If you believe that your employer has violated your rights regarding your wages, overtime pay, or mandated rest breaks, reach out to Josephson Dunlap as soon as possible to learn how our nationwide wage and hour claims attorneys can help.
Potential Remedies for Workers Affected by Wage & Hour Violations
When an employee is affected by a wage and hour violation, there are several potential remedies available.
These include, but are not limited to:
- Back Wages: In some cases, the employer may be required to pay back wages in order for the employee to make up for lost wages due to the violation. Back wages would include any unpaid wages or overtime compensation that the employee should have received, as well as any other benefits that were unfairly withheld due to the violation.
- Compensatory Damages: Employers may also be liable for compensatory damages, such as emotional distress or pain and suffering caused by the wage and hour violation.
- Additional Compensation: Additional forms of compensation may include unpaid commissions or bonuses, as well as employment-related benefits, such as sick time, vacation pay, expense reimbursement, and more.
- Statutory Penalties: Statutory damages are awarded to compensate affected parties for injuries or losses, including financial losses, with the amount awarded preestablished by legal statutes. Depending on where you file your claim, such damages could be available in your case.
- Injunctive Relief: Sometimes referred to simply as an injunction, injunctive relief is a legal remedy that prohibits a party (in these cases, the defendant, or employer) from engaging in certain acts or mandates that the party must perform certain acts so as to prevent injury, financial loss, or other harm.
- Interest: Some states allow plaintiffs to recover interest on back wages and, in some cases, other damages in wage and hour claims.
At Josephson Dunlap, we work with our clients to develop legal strategies aimed at maximizing their recoveries. We are committed to helping you fight for the full unpaid wages you are owed, along with all other damages to which you are entitled.
“Filing a case was easy and the staff was beyond wonderful when it came to answering my questions in regards to my case. They’re polite, well spoken and overall professional.”- Robert F. Straight Time for Overtime
“I have made multiple recommendations for Josephson Dunlap to family and friends. They kept me updated with my case, provided ongoing follow-up support, and made sure I received everything that was owed to me!”- Samantha R. Off-The-Clock Case
“Josephson Dunlap did everything that could be asked. They were great communicators and treated me with respect. They fought for me and delivered results that were better than expected.”- Tony S. Misclassification Case
Josephson Dunlap provides comprehensive legal advice and representation to employees who have experienced wage and hour violations. Our experienced attorneys can help you understand your rights under federal, state, and local wage and hour laws, as well as assist you in filing a claim for back wages or other damages due to the violation.
Our nationwide wage and hour claims practice includes the following types of cases:
We devote our entire practice to helping workers throughout the U.S. who have suffered due to unjust and wrongful employer conduct. We represent workers of all classifications across all industries; reach out to us today to learn how we can help you with your wage and hour claim.
Cases Filed Nationwide
Recovered in Unpaid Wages
We are ready to speak to you about your potential case at absolutely no cost. In addition to providing free consultations, we also offer our legal services on a contingency fee basis. This means that you do not pay any legal fees unless we recover compensation for you. In the unlikely event that we do not secure a settlement or verdict on your behalf, you do not pay us a dime.