KNOW YOUR RIGHT: CLAIM LAWSUIT FOR UNPAID WAGES

Are you getting deceived and defrauded by your lawyer? If yes, then you are at the right place. Know exactly in which instances you are owed overtime pay by your lawyer and when you can file a lawsuit for your unpaid wages with the help of a lawyer.

The payment of the wages is under the jurisdiction of Federal and State laws and if your employer is not paying what you worked for, then it would be counted as wage violation. However, the rules are complicated and you need to how to calculate your unpaid wage claim.

VIOLATION OF HOUR:

If the employer is failing to pay the wages for every hour you have worked, then the employer is violating this law. By not considering meal or lunch break that employers use to work, training program for work, waiting time at the work premises and off the clock work.

VIOLATION OF MINIMUM WAGES:

The employer is required to pay minimum wages for every hour worked. The highest applicable salary per hour set by the state where you work is entitled by every state. And the employer that is paying less than the minimum applicable salary is a rule breaker.

WAGES DEDUCTION:

The employers can withhold a certain portion of salary as employee expenses or company debts. However, the deductions should never be to this point that the wages fall below the minimum wages set by the state. The employer cannot deduct too much of the earned salary which is again considered violation of this rule.

PAYCHECKS ON TIME:

The employers are not required to pay the salary on certain days. But some states have rules that the employees have to be paid at least once or twice a month. Some even have the rule that the employees are to be paid within the certain time limit.

STEPS TO FOLLOW:

If the employer is violating any of these laws and not paying you your deserving wages, then you can raise the issue internally. However, if the payroll department and the management is not responding positively to your requests, then consult an attorney. The employees can pursue their unpaid compensation by filing a lawsuit for unpaid wages.

Your lawyer can suggest you the courses of actions and analyse if the case is worth pursuing with the cost of taking the lawsuit. Your lawyer would discuss the recovery and the penalty fees you can gain from the outcome. In addition to that, you would be able to figure out the chances of you winning the case under the circumstances.

FEES OF THE ATTORNEY:

The major thing while pursuing a legal action against your employer is the fees of the attorney for handling the case. Ask the attorney about the fees structure and whether they would take contingency fees as well. Include all the cost of the case analysis and consultation fees and see if the cost to pursue case overcomes the benefits you would attain after winning the lawsuit.

Essential Records in an Unpaid Overtime Wage Claim

According to the law, workers are entitled to get paid for the extra time they work for their employer in addition to the 40 hours in a regular workweek. Employees are entitled to receive 1½ times of the regular hourly rate in overtime. If your employer denies you overtime then you have legal right to demand your due wages.

However, there are certain records that play an essential role in your claim to obtain overtime wages. Some of these records are mentioned below –

Hours spent working – There should be records of the all the hours employees spend working for their employer whether in a day or in a workweek. It should also include the documentation of workers’ login and logoff to show any extra hours that employees spend working.

Even if an employer tells workers to work before their log in or after their log off, the records of all hours shows the accurate hours that the workers have worked for the employer.

Total wages paid – It is essential to keep the documentation of total wages paid to workers including their regular hourly pay rate, overtime etc. Keeping the records of any deductions or additions in employees’ payments is also necessary along with the payments of wages and overtime whether it is paid weekly, or monthly. If your employer does not provide such documentation, ask them for it.

Contract – If there is a contract between the worker and employer, copies of it should be kept by both parties for records as it clears the terms of employment. It also includes terms regarding overtime, payments, benefits and more.

It is the duty of an employer to maintain these records as they are necessary to know employees’ working hours and fair wages.

If you feel cheated out of your fair payments, then you should raise the issue with your employer. However, it is possible that workers suffer consequences when concerns are raised about wages. These consequences include termination, unfair treatment with workers and more.

In these situations, you should contact an unpaid overtime lawyer, who can help you get fair payments for your hard work and make sure that you obtain your due wages.

Is your Employer complying with these vital wage and hour obligations?

In this skidding economy, jobs are difficult to find and workers do everything they can to hold on their jobs. Unfortunately, they are also making compromises with their employee rights and employers are taking advantage of the situation. Yes, the increasing numbers of wage and hour issues give us the clear idea of the prevailing and reoccurring employee rights violations of some employers.

It does not matter whether it is happening due to lack of awareness among workers or any other reasons, it needs to stop! Workers are entitled to fair pay for fair work.

If you are a worker and don’t want to become a victim, make sure your employer is complying with the following-

• Record of the employees’ hours of work– It is the responsibility of the employer to accurately record the actual work hours of all the employees. It does not matter whether you use time sheets, time clocks, or computerized time clocks, it is mandatory for the employer to ensure that the information is secured and can be readily retrieved whenever needed.

• Maintaining Time Sheet Information– Your employer also needs to maintain the record of every work day and week, that should include time of work started, time for meal break, duration of meal break, time of work ended, and overtime earned on each day and week. It is crucial to document all the hours worked, and not doing all that could be an indication of wage theft.

• Paying minimum wages, overtime – There are minimum wages that your employer must pay to meet the requirements by law. You are also entitled to receive appropriate overtime for hours worked over 40 in a working week. If the employer is claiming any credits, like tip credits or housing credits, they must be documented thoroughly and explained to the employee.

• Classifying Employees Correctly– Many employers intentionally misclassify their workers to avoid overtime. There are many financial penalties for misclassifying the workers as exempt when they are not. Therefore, it is necessary for you to ensure that your employer has correctly classified you based on your salary and job responsibilities. Some of the common schemes are to place an employee on salary even though they are entitled to overtime or saying the employee is an independent contractor even though you are an employee.

If you believe your employer is not complying with these or any other wage and hour obligations, you should seek help from a professional unpaid overtime lawyer to have your situation evaluated.

What are the wage rights of immigrants in America?

America is a country that has embraced cultures from all over the world. People from various countries come to the US in hope of a stable future. But, unfamiliarity with US laws puts their rights in jeopardy. It is common for immigrants to be unaware of their wage related rights or to be fearful or threatened by an employer since they are “out of status.” Even if you’re out of status you are entitled to overtime pay, and the courts have very strict laws prohibiting retaliation.

It is crucial to know about their overtime and salary related privileges, so that they do not fall victim to wage theft.

Generally, immigrant workers enter the country with visas that include –

• D-1

• E-3

• H-1B, H-1B1, H-1C

• H-2A, H-2B

Many American companies also employ foreign employees to work for them. They need to pay their immigrant workers fairly according to the laws.

What are the wage rules for immigrants?

• It is necessary for firms to pay their foreign employees the prevailing wages. This is the average salary paid to similarly hired individuals in a certain occupation in the region of employment. However, this rule is only applied to individuals with H-2B and D-1 visa.

• In case of H-1B and H-1B1 visa holders, company requires to pay more than prevailing payments. Or, one should receive actual payments given by company to other employees with akin skills or qualifications (the higher one).

• In the case of H-2A visa holders, firms need to pay the highest of prevailing rate or minimum wages determined by either state or federal law. According to the regulations, one cannot withhold or deduct any amount from these employees’ payments.

All these laws and rules ensure that immigrant workers are safe from injustice when it comes to salaries. Many states’ minimum wages differ from federal regulations. However, in most conditions, the higher wage applies. In addition, the FLSA (Fair Labor Standards Act) applies to both foreign and domestic workers and entitles the worker to a premium for overtime if you work 40 hours in a workweek.

Every worker (whether national or immigrant) has the right to fair wages. If you have fallen victim to wage theft, then you must consult with an unpaid overtime and payment lawyer. An experienced attorney can assist you in getting your fair payments along with the damages (if applicable). The initial call to the lawyer is free and confidential, and the overtime attorney can explain how it is unlawful for the employer to retaliate regardless of your immigration status.

Deliberate Employer Mistakes that directly indicate FLSA Violations

The Fair Labor Standards Act (FLSA) has set clear standards for wages, overtime, commissions, bonuses, vacations, etc. However, still employers try to find their way around the law and the increasing numbers of wage and hour violations says it all. High numbers of these violations are mainly because of the mistakes made by the employers with a purpose of wage theft. It is crucial for the workers to understand their employee rights and ensure they do not become the next victim for such employers.

Following are the mistakes that many employers deliberately make that violate wage and hour regulations-

• Overlooking Compensable Hours– It is mandatory for employers to pay their employees based on the FLSA guidelines whether it is minimum wages, overtime, meals break, pre-shift or post-shift work. But unfortunately, many employers intentionally make illegal pay deductions without worrying about the law. Or the employer may confuse the employee into believing the time is not compensable. Time spent for the benefit of the employer is almost always compensable, and the employees should be paid for it. Such work may include setting up, shutting down, doing a security check for the employer, time spent waiting looking for a seat to work, time spent waiting for a computer to boot up, etc. For lunch, if an employer does not give freedom during lunch and provide an uninterrupted lunch time the employer generally needs to pay for that time.

• Ignoring Wage and Hour Audits- It is good practice to conduct wage and hour audits on a regular basis. Ignoring these audits may results in the misclassification of employees.

• Improper Employee Classification– Determining whether an employee is entitled to receive overtime can be a difficult task for a layperson, but it is still inexcusable not to consult with a lawyer who handles employee classification first. Many employers purposely misclassify their employees in order to prevent paying money that they are entitled to receive and don’t bother checking because they don’t want to know the truth, because they can’t handle the truth.

• Not Addressing Complaints– Most of the times, employers learn about wage and hour issues only when a lawsuit has been filed with the assistance of an unpaid overtime attorney. They deliberately ignore complaints and questions of their workers, which should have been resolved initially.

If you believe that your employer has compromised your employee rights, you need to raise your voice against it. You should seek help from a professional attorney to protect your rights. These lawyers usually offer a free consultation and do not charge any fee unless they win the case for you. Therefore, it is highly recommended that you should seek legal help to receive the money that you are entitled to.

Why You Need a Lawyer to Fight For Your Unpaid Wages?

Every employee deserves to be paid for all the hard work he or she has done. Yet, many times employers deliberately withheld their employees’ wages or do not pay them for overtime and breach labor laws so they can profit off the backs of the hard work of the employees.

To ensure that you never fall victim to such a situation, you must be aware of your rights. Below mentioned are a few things that every employee must know

• Your employer cannot force you to work during meal breaks.

• Unless there is an exemption, you must be paid overtime for every hour worked beyond the limit of 40 hours a week.

• You must not be paid less than the set minimum wage which is generally $7.25 for non-tipped employees and $2.13 for tipped employees.

• Your employer cannot ask you to work before and/or after your shift without paying you for all the time worked.

• Although it’s the employers’ burden to maintain accurate time records, You should maintain a record of all the worked hours. If your record and your employer’s working hours do not match, you must know that something is not right. Then, if you go ahead and file a lawsuit, this work dairy will be considered very important.

• You should read the organization’s handbook carefully to get complete idea about the employees’ rights and responsibilities. Policies and procedures mentioned in the handbook will help you understand the terms and conditions of the organization as well. If permissible you should maintain a copy of all relevant policies and procedures.

• You should keep copies of all pay stubs and other necessary documentation. It will help you file a solid case against your employer, if your rights are ever violated.

In case you have ever been denied for overtime, you should at least consult an unpaid overtime lawyer to understand your position. They are the right persons to talk about this concern. They may know all the rights of an employee and can help you in the best possible way receive compensation for the hard work you put in.

Generally during a free consultation with an employment lawyer they will discuss the facts, and see what damages you are entitled to if any. Generally, the overtime lawyer will take the case on contingency and is only paid if they win your case.

How Some Companies Trick Their Employees To Avoid Paying Overtime?

Any employee, who works for more than 40 hours a week, is generally entitled to receive overtime compensation. Unless there is a proper exemption under the Labor Code companies are legally obligated to pay their employees extra money for extra working hours.

Despite all the rules and regulations related to fair wages, many companies try to use some slick maneuvers to trick their employees into believing they do not deserve overtime. Take a look at some of the most common tricks employers use to avoid paying overtime.

Sometimes management tells workers that since they are working on salary basis, they cannot get paid for extra working hours. This is not true unless the worker falls under a proper Salary exemption, which the employer bears the burden of establishing. Unless a person earns a minimum of $455 a week, he or she generally does not fall under any exemptions. If you do not fall into any exempted category as per FLSA standards, you must be paid for every single minute spent at office.

Next common trick is classifying employees as independent contractors. Independent contractors cannot receive overtime as per the law. However, if your company is controlling your work time and schedule, if you can’t take other employment and a variety of other characteristics, your company may fail the economic realities test and you may be considered an employee. Employers try to keep individuals as independent contractors to avoid paying benefits, healthcare, ERISA, 401k, and overtime.

Many companies make their employees work during lunch break. Whereas in other instances, some companies make their staff work after they have logged out. This way, there will be no official records proving that they have worked overtime and they think it’ll be difficult to prove the time worked off the clock.

Sometimes there may be no clock at all. All of these are common tricks that companies use.

Since people with jobs classified as “exempt” from overtime are worked merciless hours and think they cannot demand overtime. It’s simply not the case. The companies try to transfer the tasks from non-exempt to exempt ones, to save themselves from paying extra money. This way, they can get double work done without any additional financial obligations for the company, but the employee bears the burden.

If the nature of your job demands working from home such as responding to text messages, answering emails and phones call, you may be entitled to receive overtime for the work done from home as well. If your company denies that, you should consult an unpaid overtime lawyer.