Wage Violations Lawyers
Employers who have not given employees proper minimum-wage or overtime pay, who deny work breaks, or who force employees to work “off the clock” are in violation of state and federal labor law. Employees who have suffered because of their employer’s actions can pursue litigation through a wage class action lawsuit.
Employers that violate labor law often do so to several employees at once rather than targeting a single individual. If an employer commits a specific pay violation against one employee, it is very likely that the employer is committing the same offense against all or at least many of its other employees.
In these circumstances, class action lawsuits enforcing the collective rights of all workers that were wronged by the same company are often more successful than individual suits. These class action suits can be an effective way to punish the employer for its wrongdoing.
A class action lawsuit allows a group of workers who are victims of wage violations to come together and pursue their claim in a single court action. Lawsuits that are brought under the Fair Labor Standards Act (FLSA) are one of the most common types of workplace class actions.
Wage and Hour Violations
Examples of wage and hour violations include the following:
- Misclassifying an employee as exempt
- Misclassifying an employee as an independent contractor
- Failing to pay employees a minimum wage or the applicable prevailing wage
- Failing to pay employee overtime or double time when earned
- Failing to pay for all the time worked on the job, such as preparation or on-call time
- Neglecting to pay workers the commissions they earned or bonuses they were promised
- Allowing the “pooling” of tips for restaurant employees to be shared with an owner or non-tipped staff
- Not repaying employees for certain work-related expenses, such as travel or mileage
- Requiring employees to work through their meal and rest breaks and not paying them for the time
- Forcing employees to work “off the clock”
It is illegal for employers to retaliate against workers who file wage violation lawsuits. Some examples of retaliation include terminating or demoting workers, reducing employee hours, assigning undesirable shifts to employees, cutting job responsibilities or purposely giving false performance reviews that negatively affect an employee’s position. This is a separate violation of the law.
Under the FLSA, an employee has two years to file a lawsuit in federal court against an employer for unpaid overtime or wages (three years if the violation is deemed to be willful).
If you decide to file a complaint about unpaid wages, it is recommended that you file a claim with attorneys experienced in wage violation law. In addition to figuring out if your employer has violated a federal or state law, the attorneys of Hach Rose Schirripa & Cheverie LLP can present you with the options for challenging an employer’s illegal conduct. We can also discuss whether you have a case that is worth pursuing in court.
Employers who commit wage and hour violations can be held liable for their labor violations and forced to compensate employees for unpaid earnings. If you have been a victim of wage and hour violations perpetrated by your employer, you are entitled to receive back wages, court costs, and other compensation. Contact Hach Rose Schirripa & Cheverie LLP at 212-213-8311 for help.