If you feel you are owed unpaid wages, or that your employer unfairly prevented you from receiving minimum wages or overtime pay, you are not the only one. Our labor and wage attorneys have handled cases of varying complexity, and we may be able to help you as well.
Many industries can be at fault for wage and hour violations. The following employees are found to be most at risk for having unpaid wages and facing wage and hour claims:
➊ Employees who earn commission-based wages (such as sales representatives)
➋ Healthcare workers
➌ Independent contractors
➍ Servers and kitchen personnel
➎ Exotic dancers
➏ Retail employees
➐ Construction workers
➑ Delivery and transportation drivers.
The Fair Labor Standards Act (FLSA) establishes minimum wage, criteria for overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and federal, state, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek. Visit the Department of Labor Wage and Hours Division for updated information.
– FLSA Minimum Wage: The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In the case where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
– FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours-seven consecutive 24- hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest unless overtime is worked on such days.
– Hours Worked: Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.
– Recordkeeping: Employers must display an official poster outlining the requirements of the FLSA. Employers must also keep employee time and pay records.
The above is intended as a general guide to better understand potential claims against employers with respect to unpaid wages. Your claims may be time sensitive and we encourage you to complete our free case evaluation request to increase the chance of meeting deadlines for filing your claim. Employment attorneys at Spielberger Law Group are passionate about employment law and are true advocates of employees whose rights have been violated. Our familiarity with state and federal labor standards legislation, together with our aggressive approach to litigating unpaid wage cases can make a significant difference to the ultimate resolution of an action.
Once you’ve completed our free case evaluation form, an employment lawyer licensed to practice employment law in your state will review your statements and you will be contacted by our firm after determining whether you have claims to pursue. Do not miss your opportunity to bring justice to your workplace, contact us today for the chance to receive the best recovery possible.
