State and federal labor laws are intended to protect employees from abusive labor practices and to ensure workers are fairly compensated. However, companies often cut corners on labor costs in order to increase profits at the expense of their own workers. As a result, employees sometimes have to go to court to ensure they get the pay they are entitled to under state and federal wage laws. Our team has a strong track record of representing employees in class action lawsuits against restaurants, retail stores, tech companies, manufacturers and the government when they have failed to pay workers properly under state and federal wage laws.
The Fair Labor Standards Act guarantees minimum wages and overtime
Most workers in the United States are entitled to earn minimum wages for every hour worked and overtime pay for every hour worked over 40 in a week under a federal law called the Fair Labor Standards Act (or “FLSA”). The federal minimum wage is currently $7.25 per hour which means employees should at least be getting $10.88 for each hour of overtime. The FLSA also requires that employers keep accurate records of all hours employees have worked and ensures that employees are paid for all work-related activities. When an employer violates the FLSA, each worker is entitled to all unpaid wages and overtime and the court can double the amount to punish the employer for violating its workers’ rights.
State overtime laws can provide workers additional protections
The FLSA sets forth the minimum requirements for working conditions and many states have guaranteed workers additional protections. For example, in many states the minimum wage is much higher than $7.25 an hour. New Jersey’s minimum wage is $10.00 per hour and Washington’s minimum wage is $12.00. Other states provide additional rights to workers that can increase the amount of unpaid wages they are owed. While federal law only guarantees overtime on a weekly basis, other states like California require overtime pay for any hours worked over eight hours in a day. And, the FLSA only allows workers to get back pay for three (3) years, but in New York workers can recover up to six (6) years of unpaid wages.
Have I been paid properly?
Our employee rights’ lawyers have represented workers in many class action cases alleging companies failed to properly pay wages and overtime under both state and federal law. Common violations of wage laws include failing to pay employees for pre- and post-shift duties like cleaning up or completing paperwork. Other times companies might engage in “time-shaving” or “rounding” to reduce the hours employees recorded on their timecards. Employers can also short employees’ paychecks by miscalculating their overtime rates or by not even paying overtime at all. Workers often do not even know their rights are being violated until they consult with an overtime lawyer. Our team’s dedication to protecting employees’ rights has recovered tens of millions of dollars in class action cases that held employers accountable for their unlawful conduct and ensured better working conditions in the future.
What should I do if my employee rights have been violated?
If you believe you might be entitled to unpaid wages or overtime, please fill out the form below or call 1-844-333-7660 for a free and confidential consultation.
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There is no cost or obligation for our review of your case. Kaplan Fox agrees to protect your name and all confidential information you submit against disclosure, publication, or unauthorized use to the full extent under the law.
