Wage and Hours Claims
The Wage and Hour Division (WHD) of the United States Department of Labor is responsible for upholding The Fair Labor Standards Act of 1938(FLSA), which is a set of federal laws protecting workers’ right to a minimum wage, overtime pay, the prohibition of child labor, proper recordkeeping in places of employment and other more nuanced minimum wage standards.
As an employee of the United States of America, you have an inalienable right to a minimum wage and a right to receive appropriate pay increases when you work over a certain number of hours (known as overtime pay). If an employer fails to deliver on either of these guaranteed rights, you have legitimate grounds for legal action against that employer.
Additionally, depending on your employment status, you have a protected right to take up to 12 weeks of unpaid, job-protected leave in order to help out with a family emergency or to tend to a medical issue of your own or a loved one.
Some employers know all too well when they can take advantage of an employee by not paying them the wages that they have earned through their hard work. This can be done by disregarding hours worked that would put them into overtime range as being done “off the clock” or by specifically assigning an employee work to be done away from the office setting, when they aren’t punched into a time clock accruing hours.
In other cases, employers may take advantage of an employee if they do not know their rights to a minimum wage, offering them “under the table” wages which are possibly far below what the employee would earn if the money were distributed more legitimately. In other cases, an employee’s true wage may never even be disclosed to them.
If an employer knowingly fudges your hours worked to prevent you from earning overtime that you have worked to earn, stubbornly holds onto legitimately-earned overtime pay or refuses to pay you a minimum wage that is required by the federal government, that employer is in clear violation of federal law and is responsible for whatever punitive measures come their way.Let us win your rightfully-earned money back
If you or anybody you love has been victimized by an employer disregarding the right to a fair wage and acceptance of their overtime hours worked, you may be entitled to not only earning back those lost wages, but earning even more money in “liquidated damages” that can double the amount of damages you collect. All you have to do is prove that your employer willfully and knowingly violated the federal statute.
If the Department of Labor is unsuccessful at earning back liquidated damages, an employee may be able to file a private lawsuit that could potentially match those damages, plus paying for your attorney’s fees and court costs. If you choose to go this route, you will need an experienced legal team to go over the details of your case and navigate the confusing legal environment of federal law.
This is where Altman & Altman LLP comes in, because we have 40 years of experience aggressively pursuing and litigating against employers who think they can get away with shortchanging their employees. For decades we have tirelessly and successfully fought on behalf of workers who have been victimized and lost wages as a result, and we will apply the same vigor and expertise to your case as well.
Losing out on overtime pay can have seriously harmful effects on employees who rely on working as many hours as possible to cover their expenses, and some employees rely on their minimum wage jobs just to scrape by. By preventing employees from collecting either of these innate rights as American workers is not only illegal, it is a disgusting display of brazen selfishness.
No matter how big or small the occurrence, contact us today if you have been victimized by this unfair practice. We offer free consultations to go over the details of your case and use that personalized knowledge to pursue your claim in the best possible way to ensure a high level of satisfaction and results.
Call us today at 617.492.3000 or toll-free at 800.481.6199. We are available 24/7.