Welcome to HonestWages, your first step in finding a lawyer to help you with your wage and hour claims. If you believe you are owed wages for work you have performed, we are available to help you. Contact us and we will refer you to a lawyer experienced in handling Fair Labor Standards Act (FLSA) claims, as well as state law claims for the recovery of unpaid wages.
The FLSA has a two (2) year statute of limitations. Your rights under the FLSA and similar state wage and hour laws will expire if you fail to file your claims within the relevant statute of limitations. If you believe you have a claim for unpaid wages you must not delay in asserting your claims in order to preserve the amount of back wages you may be able to recover.
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Most people working in the United States, regardless of their immigration status, are protected by the FLSA, which requires employers to pay the federal minimum wage (currently $7.25) and overtime at one and one-half times an employee’s regular rate of pay (1.5 times). Many state wage and hour laws mirror, or offer similar protections to, the FLSA.
Violations of wage and hour laws are a common everyday occurrence affecting many industries throughout the United States. Some of the most common violations are straight time for overtime, misclassification, off-the- clock, tip credit violations, and independent contractor misclassification.
Straight Time for Overtime
Unless you are a validly exempt employee under the FLSA and state wage and hour laws, it is unlawful for your employer to pay you straight-time for overtime hours worked, your employer must pay you one and one-half times (1.5) your hourly rate for each hour worked over forty (40) hours in a workweek.
Misclassification
Employers are liable for overtime when they incorrectly classify employees as exempt from the provisions of the FLSA and state wage and hour laws. The fact that you may be deemed a “manager” or are paid a “salary” does not determine your exempt status. It is the job duties you “actually perform” that determine whether you are exempt or not exempt from the FLSA and state wage and hour laws.
Off-the- Clock Violations
The FLSA and state wage and hour laws require that an employee be paid for all work performed in a day. If you have spent time working that has not been recorded (off-the- clock) and have not been compensated for that time, you may have a claim for both time-and- a-half overtime, and minimum wages. Off-the- clock claims may arise from pre-shift, post-shift, and break-time work activity, such as working through your lunch break without being paid for time spent working.
Tip Credit Violations
An employer may pay a tipped employee less than the federal mandated minimum wage only if the employee is actually a qualifying tipped employee. An employer must provide you with specific information before applying the tip credit, this includes (1) informing you of the actual cash wage you will be paid as a tipped employee, (2) the additional amount claimed by your employer as your tip credit, (3) the tip credit cannot exceed the amount of tips you’ve actually earned, (4) that you are to retain all tips earned except if you are participating in a valid tip pool with employees entitled to participate in such a tip pool, and (5) that you have actually been informed of these tip credit provisions.
If your tips and actual cash wages are less than the federal minimum wage when combined, your employer must pay you the difference so that you are actually paid the minimum wage. If you sometimes work as a tipped employee and sometimes not, your employer cannot take the tip credit when over 20-percent of your total work week involves time spent on activities that are job duties not customarily paid by tip.
Improper Use of Independent Contractor Status
Independent contractors do not enjoy the protections of the FLSA and state wage and hour laws. However, just because your employer pays you as an “independent contractor”, does not necessarily mean you are not entitled to protection. If you are actually performing work as an employee and your employer erroneously claims you are an “independent contractor,” you are entitled to the payment of a minimum wage and overtime.
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