At Barkan Meizlish, LLP our lawyers handle individual, class action, and collective wage and hour/overtime violations lawsuits. These include the non-payment of wages, the incorrect payment of overtime, working “off the clock” after your shift, during lunch or other “breaks” and other wage and hour violations. Employers may also fail to pay overtime to employees paid a “salary” when they actually do hourly work. Each of these activities may violate the Federal Fair Labor Standards Act and state wage and hour laws. Employees may be entitled to two or three years of unpaid wages, liquidated damages (twice the amount of back wages) and attorney’s fees.
If you have questions or concerns about how you or your co-workers are being paid, do not hesitate to speak with one of our lawyers. Your inquiry is confidential. Federal law protects employees from retaliation or discrimination when they pursue claims for overtime violations and unpaid wages. An employer who retaliates against an employee for filing a claim for an overtime violation or unpaid wages may be fined or even criminally prosecuted. Barkan Meizlish, LLP understands that you work hard for your paycheck. We will work just as hard to protect your rights and see that you receive everything to which you are entitled.
COMMON MISTAKES EMPLOYERS MAKE WHEN PAYING EMPLOYEES
- Assuming all employees who receive a salary are not entitled to overtime pay.
- Giving an employee a “management title” to avoid paying overtime.
- Not paying for overtime because it was not “approved” in advance.
- Docking time or not paying an employee for meals or breaks when the employee continues to perform work.
- Having an employee “waive” his or her right to overtime.
- Telling an employee that because they are paid “by-the-piece” they are not entitled to overtime.