Employment Law
Get Paid Every Dollar You Earned
Under the Fair Labor Standards Act of 1938, most workers are entitled to minimum wage and to overtime when they work more than 40 hours in a week. Employers do not always follow these rules. If your wage or hour rights have been violated, you can take legal action to recover lost pay and hold your employer accountable.
Employment Law
The hours were yours.
The pay should be too.
Nonexempt employees must receive overtime at one and a half times their regular rate for hours worked beyond 40 in a week. Violations take many forms, from unpaid overtime and off-the-clock work to tip credit abuse, unpaid bonuses, and misclassifying workers as independent contractors. To assess a claim, review your hours against FLSA requirements and gather timecards, pay stubs, schedules, and any record of work performed off the clock.
Common wage violations.
Unpaid Overtime
Nonexempt workers must be paid time and a half for every hour over 40 in a workweek.
Off-The-Clock Work
Time worked before, after, or during unpaid breaks must still be compensated.
Tip Violations
Improper tip credits and tip pooling can leave tipped workers below the lawful minimum wage.
Misclassification
Labeling an employee an independent contractor to avoid overtime is a common FLSA violation.
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Hours per week before overtime is owed
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Year FLSA window for willful violations
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Year the FLSA was enacted
Compare your weekly hours to FLSA rules and review your timecards and pay stubs, noting any off-the-clock work that went unpaid.
Timecards, schedules, pay stubs, personal logs, emails, and statements from coworkers all support an unpaid wage claim.
The FLSA generally allows two years to file, extended to three years if the violation was willful.
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