A majority of wage and hour violations involve overtime compensation or employers wrongly classifying their employees as independent contractors. Other wage issues involve forcing or coercing workers into working hours they do not claim, such as working from home. If you have worked the hours, you deserve to be compensated accordingly, period.
Our lawyers offer a depth of legal expertise, talent, and an abundance of resources. We are dedicated to providing you and your family quality representation throughout your employment claim.
Know Your Employee Classification
Whether your employer is knowingly or mistakenly violating federal wage laws, you are entitled to the money you earn. Not all workers are entitled to overtime pay if they work more than 40 hours a week, such as some seasonal employees, temporary employees, and independent contractors. Be sure to check whether your job classification qualifies for overtime pay.
Overtime Commission Disputes
The law states that employees must receive the following in a timely fashion:
If your employer fails to pay you within a reasonable timeframe, they may be subject to legal action. If you are involved in an overtime dispute or commission dispute, you do not have to tolerate your employer’s failure to pay. You have the right to file a lawsuit to recover compensation from your employers.
- Overtime wages
- Deferred income
Rest and Meal Breaks
The law in many states requires employers to give hourly employees a 30 minute break (minimum) if they are employed for more than five hours in a day. Practically speaking, non-exempt workers should try to take meal periods as close to the middle of the shift as possible (assuming an eight hour workday). In some situations, the meal period may be waived by mutual consent of both the employer and employee. Workers who exceed 10 hours in a day, should be provided with a second meal period of at least 30 minutes.
If your employer refuses to follow the meal or rest break laws, you may be entitled to receive one extra hour of pay. You may be entitled to two hours of pay if your employer violates both meal and rest break rules on any given day. Therefore, if your employer is in violation of these rules on a regular basis, you may be entitled to a substantial amount of back pay and should contact the Law Offices of Gary S. Park, P.C. We serve clients nationwide.