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.

How Employers Manipulate Time To Deprive Employees Of Overtime Payment?

Unpaid overtime is not an issue that has suddenly arisen. It is an issue that has been troubling workers for a long time even with the strict federal and state laws. The major reason behind these issues is the lack of knowledge and awareness among employees. Majority of them are not aware of their rights that enable them to claim payment for their overtime.

However, employers also manipulate and use a variety of methods to deprive their workers of overtime payment. Here are the methods that they use to manipulate time or schedule for this purpose.

Making employees work before signing in or signing off – It is a common method that companies might use to rob workers of their overtime payments. Some employers tell staff that the post-shift or pre-shift hours are not compensable, which is not true. You are entitled to receive payment for each hour you worked for the company whether in shift or not.

You can demand wages for these hours and if not given, raise the issue for your rights.

Making employees work during lunch or breaks – Some employers make their staff work during lunch or breaks without paying them for that time, which is the violation of law. You should know that you are entitled to payment for your overtime even if it was done during the shift in break or lunch.

Awareness regarding your rights is your only way to get paid correctly for all the hours you spent working for your company. If they still refuse to pay you even after raising the issue to higher authorities, then you should contact professional unpaid overtime attorneys in your region who are familiar with the laws and rules.

These lawyers can help you claim your rightful wages along with compensation for damages (if applicable).

An Insight Into Various Wage Violations

Have you worked hard and still haven’t been paid properly? If you are going through something like this then you have the right to hire a lawyer for unpaid wages to support your case. The Fair Labor Standards Act is meant to protect the rights of the labors and ensures that they receive a minimum wage decided by the federal authorities for each hour of work done.

These laws also help in limiting the number of deductions from a person’s paycheck under certain circumstances. Although the laws can vary across different states, but a lot of them provide many protections like a stipulated settlement time for final payment to employees, including their unsaved vacation time etc. to mitigate paycheck deductions.

Some of the common wage violations have been listed in the following points:

Minimum Wage Violations

Employees have the right to claim minimum wages for each hour of their working time.. The minimum wage rate assigned by the federal authorities is about $7.25 in most of the states and it may vary on a higher side under some states. Every employee is entitled to a minimum wage that is approved by the authorities in the locality of work.

Hours Violations

If the employers make the employees work after the clock out hours or during their meal and rest breaks or deduction during essential training programs or during work related travel time then it is an act of wage violation and the employer can be subjected to legal action.

State Laws on Paydays and Final Paychecks

Although the FLSA doesn’t have a fixed day or date for employee’s payments, but many states have strict policies regarding the same. Therefore, an employee is entitled to receive payment according the norms set by the authorities.

If your employer is involved in any of the wage violations then you can pursue legal action against them to make a claim and be well compensated for all your troubles as well.

Are You Getting The Fair Wages For Overtime At Work?

Working beyond your ordinary work hours is called overtime. And, when you put extra efforts and time to complete work even after your regular hours, you deserve fair wages for your hard work. But, some workers never get the fruits of their labor.

It is obvious that you will be distressed, if you are not being paid for all the extra hours you have worked. Employees, who are not aware of their rights, usually become the victims of wage theft. As a worker, it is very important for you to have detailed information regarding your overtime wages, so that they are not left unpaid.

Unpaid or unfair payment includes different situations such as –

• Receiving less than the minimum wages
• Not being paid for overtime
• Working before or after your scheduled work shift without any compensation
• Working in rest breaks
• Doing work while you are signed off

If you are an employee who is facing any of the aforementioned situations or if you believe that your employer is violating state or federal laws related to fair wages, then you need to raise your voice against it as early as possible.Firstly, get in touch with your payroll department to see if your issue can be resolved or not. You can also contact the department of labor, to get your case reviewed and check how things go from there.

Filing a lawsuit is the next option if everything you tried to get your unpaid payments failed. To file a lawsuit, you need a lawyer who is known for unpaid wages lawsuits and recoveries. Find an attorney who has detailed knowledge of your state laws and can stand by your side to justify your claim.

A number of lawyers will be ready to represent your case without any fee, until you win. However, it is still important for you to have knowledge about the state and federal laws along with your rights, so that you do not become a victim of unpaid payments or wage theft.

Are you updated with the overtime wage related laws?

Many employers in the United States do not pay employees their rightful wages for overtime. Lack of knowledge among workers or their negligence towards total working hours allow employer to cheat them.

To avoid this, you need to get proper information about the rules related to working hours and overtime.

Following is the information that will update you about the wage related laws-

What are the working hours of employee?

Regular working hours of an employee are 40 hours in a workweek. Meetings or sessions are also included in the working hours according to law.

What does overtime mean according to the law?

Every additional hour over 40 working hours in a workweek is considered as overtime according to law. Addition working hours either before or after the regular shift is considered overtime.

How is the overtime wage calculated?

For every extra hour spend over 40 hours, employer has to pay one and half times the regular hourly wage.

However, exceptions are always there in the law based on the work. Therefore, it is essential to collect all the information about the overtime wages law before claiming unpaid wages.

What should you do, if not paid for overtime?

If you are not being paid for your overtime then you must get help from unpaid wages lawyer. They will file a lawsuit against your employer and help you get rightful wages.

What tricks do employers use to cheat workers of their overtime payments?

• Employers ask employees to work before and after they have marked their attendance, so that there is no record of their extra working hours
• Ask employees to arrive at office a few minutes early from their shift
• Hiring staff under unnecessary and false positions
• Making fake work hour records of employees

 

 

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.

What Questions Do Lawyers Ask Their Clients to Evaluate an Unpaid Wages Lawsuit?

Are you a victim of unpaid salaries or wage theft? Is your employer refusing to pay for the overtime you spent at job? If your answer is yes to any of above-mentioned questions, you should contact an unpaid wages lawyer. Experienced lawyers ask various questions to evaluate an unpaid wages lawsuit. You should be prepared for this process to clarify your situation and problems.

Following are few of the questions that unpaid wages attorneys ask their clients –

How many hours you work?

This is the first question that every attorney asks whenever you contact them for unpaid wages claim. They inquire about your normal and extra working hours. For example, usually there are 40 hours for work in a workweek. Every hour spent working over 40 is considered overtime.

How and what you are paid?

It should be the next question. Some employees are paid hourly while others are salaried. Labor and employment lawyers inquire about the payment process to evaluate their case. They ensure if their client has been actually cheated on payments by their employers. Sometimes an employee wants to gloss over the answer and says “I’m paid salary so I don’t receive overtime” and think that’s the end of the discussion. Sometimes, that’s just the beginning! Even if you’re on salary you may still be entitled to overtime.

They also inquire about the regular rate of your pay to ensure that you are getting minimum wages (if applicable according to your occupation). They make sure that overtime rate is one and a half of the regular rate.

How was your time tracked?

Attorneys also ask their clients how their time was tracked. Usually, time is recorded through computer, clock and in writing at workplaces. Lawyers generally ask if there is a record or not of their working hours. Don’t worry if you don’t have records, it’s the employer’s duty to keep them and their failure to maintain them can be used against them.

What are the most common reasons provided by employer for not paying wages or overtime?

Employers provide variety of reasons to their employees to justify their decision of not paying proper wages and overtime. Attorneys inquire about the reason employers provided them for not paying fair salary. It includes reasons like your occupation is exempt from overtime, lunch hours are not included in overtime, you are a salaried employee, or anything else for that matter.

Details of your work and your employer

Attorney will ask questions about the details of your workplace. They will also inquire about your work type, location of workplace, people involved in case (if any), company’s details, their working hours, payment methods and more. All these details help lawyers in properly evaluating the case.

What are the FLSA rules about paid and unpaid holidays?

The Fair Labor Standards Act (FLSA) law was created to protect employees’ rights related to wages and work hours. This act specifies rules about the different aspects of workplace such as minimum wages, work hours, overtime, holidays etc. Every employer whether individual or company, has to comply with these rules. Non-compliance of these rules is violation of law, which is a punishable offense.

Law also defines rules related to holidays of workers that are paid and unpaid. Following are the holidays that are paid or unpaid according to law-

Severance pay – This aspect is not included in law. It is based solely on the agreement between the employer and workers. An individual is liable to get this pay upon termination (if it is included in the employment contract). Individual can contact a specialized unpaid wages lawyer if it was included in the employment agreement and the company refuses to pay it.

Vacations – According to the law, vacation time is usually not included in the paid wages. It is another aspect that is solely based on the contract between the employer and employees. An individual is liable to get payment for vacations if it is defined in their contract.

Paid leaves – An individual is not eligible to get payments for leaves if it is not defined in their contract. Employers only have to pay for workers’ predefined day offs. Employees can file a lawsuit if their boss refuses to make payments for predetermined leaves in contract.

Sick leave – Sick leaves are also out of federal laws. It comes under the covenant between the boss and the workers. Hence, many companies fall under the FMLA act. Enterprises that fall under this act, give up to twelve weeks of leaves to their staff. None of these leaves is paid.

Federal law does not include several other workplace factors such as cash bonuses, life insurance, meals, and rest periods. Usually, these aspects and relevant wages depend on the agreement between company and workers. Any field or industry you are working in, you need to gather complete information about company’s policies and contracts. It helps you to get fair wages. If you are not getting fair wages, you can take legal help from lawyers.

Not receiving overtime? How to find a qualified lawyer to help receive it?

Even with the Fair Labor Standards Act (FLSA) rules and regulations, many employers find a way to violate law and legal rights of their workers. Many times employers refuse or avoid paying fair wages to employees for the extra hours and work.

Usually, employers refuse to pay overtime to salaried employees or for off the clock work. Sometimes, they do not pay fair amount of payment for the extra hours or hire workers on those positions and claim that they are exempt from FLSA law. These are just a few of the strategies companies use to cheat workers out of their payments.

Workers, who are not receiving proper wages for their overtime, must get help from an experienced overtime lawyer. But how can you find a qualified overtime lawyer to help receive your unpaid wages? Following are the aspects that can help you to select an attorney suitable for your case –

Results, results, results – Although past results don’t guarantee future successes, a good indicator of the future is the past. Look to see if the attorney understands your facts and better yet, has litigated a case like yours in the past and what was the result. There’s no guarantee of success, but if an attorney dedicates and focuses a portion of the practice to helping employees with wage theft issues, and has a track record of winning, that should speak miles.

From AVVO or Martindale Hubbell – You can also search for an attorney on these two websites. These websites usually contain the list of certified lawyers, and show attorneys with rankings. On AVVO look for lawyers that have feedback from peers and clients. On Martindale Hubbell look for attorneys that have received an AV+ rating, which is the highest rating. You can select an experienced and certified attorney from this list. If you’re considering between a couple lawyers, check out both sites to see what people had to say about them.

Use Google and official websites – You can use search engines like Google to find details of attorneys, who can help you to get your unpaid overtime. Go to the advocates’ websites for more information on their qualifications, membership, experience, and their practice areas. It will help you to select the best possible option to get fair settlements from your employer.