Published by Table Of Contents
What’s the Problem?
Federal and state laws require that your employer pay you minimum wages and, in most instances, overtime wages. The federal minimum wage law currently requires your employer to pay you at least $7.25 per hour.
In many instances, you must be paid for “standing” and/or “travel time.” Your employer is prohibited from fining or docking your wages below the minimum wage.
If you have not been paid at least $7.25 per hour, or if you have not been paid for all the hours you worked, then your employer may have violated these laws and you may be entitled to damages.
Hourly Employee Rights
As an hourly employee, you have rights relating to:
- Minimum wage
- Unpaid mealtime & breaks
- Working off the clock
- Vacation & off time
- Illegal wage deductions & accurate wage statements
- Unpaid wages & waiting time penalties for wages due
Additionally, other disputes that sometimes arise include whether an employee can waive the right to overtime pay, what rights employers have in requiring people to work overtime, whether employers can equalize overtime on a day-to-day basis, and problems with unauthorized overtime.
Time Limits for Filing Wage and Hourly Claims
In some cases, employees who have unpaid wage disputes with their employers may choose to file a claim with their state’s Department of Industrial Relations. The statute of limitations, or SOL, for most unpaid wage claims, is 3 years, even if you choose to file a claim.
After filing your hourly wage dispute, the Labor Commissioner will schedule a settlement conference with your employer. If an agreement is unable to be reached, a subsequent hearing will likely be scheduled. Once this takes place, the commissioner will issue a decision, which either party may appeal.
You have the option to represent yourself before the Labor Commissioner in the hearing. However, the chances for success are far greater if you have an experienced employment attorney in your corner to help you present the evidence and a strong claim.
Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) is a federal law that protects the rights of workers by setting standards for employee compensation. Your employer is required to know how the FLSA applies to his or her business and to make sure all workers are paid according to the law. Your employer can’t create policies or agreements to “get around” FLSA requirements.
Related Article: Wrongful Termination Settlement
FAQs
What compensation might plaintiffs receive in an hourly worker wage dispute lawsuit?
Plaintiffs may be entitled to compensation for unpaid wages, overtime pay, back pay, interest on unpaid wages, and potentially double damages in some cases. Compensation may also include attorney’s fees and other legal costs.
What are common violations of wage and hour laws?
Common violations include employers not paying overtime rates, forcing employees to work off the clock, misclassifying employees as independent contractors, failing to provide meal or rest breaks, and making illegal deductions from wages.
What evidence is needed to support a wage dispute claim?
To support a wage dispute claim, workers may need time records (clock-ins and clock-outs), pay stubs, documentation of hours worked, written agreements with the employer, and any evidence of wage violations such as emails or texts from supervisors.
Can I join a class action lawsuit for wage disputes?
Yes, if multiple workers have experienced similar wage violations, they can join together in a class action lawsuit to seek compensation collectively. Class action lawsuits can help employees recover unpaid wages more efficiently.
Do I have an Hourly Wage Dispute Lawsuit?
The Workplace & Environmental Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in hourly wage employment dispute lawsuits. We are handling individual litigation nationwide and currently accepting new cases in all 50 states.
Free Hourly Worker Wage Dispute Case Evaluation: If you or a loved one has a wage dispute claim, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and we can help.