If your employer refuses to pay you you overtime or back wages, you may have grounds for a lawsuit. Some of the most-common violations associated with unpaid wages include fraud, failure to pay minimum wage, failure to pay overtime, breach of contract, and more.
The Fair Labor Standards Act has in place measures to protect employees in the current labor market. According to the law, every employee legally hired to work for an employer or business entity is entitled to fair compensation. At the same time, this compensation should not go under the minimum wage line as decreed by the federal government.
According to the FLSA, all non-exempt employees should be paid at least minimum wage for all hours worked. In addition, non-exempt individuals who work the mandated 40 hours every week should be paid overtime pay (1.5 times the normal rate) for every hour worked over 40 hours.
Employment laws are complicated and can be a headache for someone who is looking to recover unpaid wages or overtime. Because of this, it’s important to seek help from a qualified unpaid wages lawyer in order to increase your chances of a favorable outcome as well as fair compensation. There's no real risk as you never pay us unless we win your case. Stop struggling to interpret the convoluted labor laws - call us and let your attorney do the hard work for you.
Overtime pay is calculated by taking the base pay and multiplying it by 1.5. If for example you earn a base hourly pay of $20, you will be entitled to overtime pay of $30 per hour. The law is very clear on this and does not provide room for misinterpretation. In addition, overtime is owed to you whether or not you as the employee are aware of its existence. Some employees are given overtime using a Fluctuating Work Week (FWW) method, commonly referred to as "Chinese overtime."
The current federal minimum wage is $7.25 an hour. Some other municipalities, counties and states have a higher figure to account for several factors. However, it is illegal to pay someone anything less than $7.25 an hour; in such cases, you may be able to sue to recover unpaid wages.
The law also allows you to sue for double or liquidated damages if you have unpaid overtime wages owed to you. In such cases, you can recover double the amount that you are owed by your employer unless they can show that they had good faith belief that they were following the law during your employment.
In some states, there is a statute of limitations with regard to when you can file a claim for unpaid wages. At the same time, you may only be able to recover unpaid wages going back to a certain number of months. Please get in touch with Rasansky Law Firm by calling (214) 651-6100 or filling in the form to your right if you believe that you've been cheated by an employer.
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we'll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
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