Wage and hour violations occur when an employer fails to properly compensate employees for all hours worked. Many violations occur in overtime pay. Employers must compensate non-exempt employees either time and one-half or half-time, depending on very specific factual situations, for every hour worked over 40 hours in a workweek. 

Employers are also obligated to calculate overtime rates of pay by including non-discretionary incentives and bonuses. The federal government sets a minimum wage. However, individual states can enact laws that require a minimum wage above the federal minimum wage.

Many employers require their employees to work “off the clock,” but even when work is supposedly performed “off the clock,” any employee suffered or permitted to work is entitled to compensation for his or her work. Some employers refuse to pay the correct overtime rates of pay and only pay the employee his or her regular hourly rate for all hours worked over 40.

Wage violations come in many forms, including minimum wage violations, overtime wage violations, lost wages or “off the clock” work, tip pooling violations, employee misclassification, and independent contractor misclassifications.

Wage laws are governed by the Fair Labor Standards Act (“FLSA”) and various state statutes. When enacting the FLSA, Congress specifically provided that an injured employee who prevails in a minimum wage or overtime wage legal action shall be awarded his attorney’s fees and costs.

Our firm has considerable experience litigating wage and hour cases. We are fierce advocates for employees injured through the non-payment of wages. Because the FLSA provides for payment of attorney’s fees and costs, our firm is prepared to discuss representation on an unpaid wage or unpaid overtime case on a contingency fee basis. Please call us for more details on contingency fee representation.

At CLF, we understand that certain individuals can take advantage of wage and hour laws and attempt to implicate employers who have done no wrong. We have defended employers who have been wrongly accused of failing to pay minimum or overtime wages. Proactively, CLF consults with employers to help them understand their wage obligations by reviewing company policies to make sure they comport with both state and federal laws. Having worked as counsel for employees and employers, our firm is uniquely positioned to provide services to both plaintiffs and defendants

Visit our Resources page for a link to the U.S. Department of Labor’s website.