FREE Case Review (866) 588-0600

Hourly Worker Wage Disputes Lawsuit: Get the Right Attorney

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 the law and you may be entitled to damages.
Awards & recognition
C.L. Mike Schmidt Published by C.L. Mike Schmidt

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:

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 Articles:

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.

Free Confidential Case Evaluation

Verified 100% Secure SiteTo contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: (866) 588-0600.