Wage and Hour Attorneys

Here is something you should know if you are a tipped employee regarding your overtime rate:  A common violation by restaurants is miscalculating tipped employees’ overtime pay rate.   The restaurant owner must use the full minimum wage rate, multiply by 1.5% of that hourly wage, and THEN deduct the tip credit.  If this is not being handled properly, your employer is breaking the law.

Time working before the normal shift begins is considered “off the clock” work.  If your employer requires that you come in earlier than your normal start time, you as an employee must be compensated for this.

Know your rights in that you should be paid one extra hour’s compensation at minimum wage (in addition to any overtime money) if you work multiple shifts spread over ten hours or more (from the start of work hour to end of work hour including any intervals).  This is called “spread of hours”.

It is your employer’s responsibility to record all of the time/hours that you have worked and to keep the time and pay records in an accurate manner.  It is your right as an employee to receive a pay statement from your employer.  The statement must include your hours worked, the rate paid, gross and net wages, deductions and allowances claimed.  Your employer’s name, address, and phone number must appear as well as the period for which you are being paid.

There are laws specific to “call-in” pay that protects you as a worker. Your employer is legally bound to pay you for four hours or that of a normal shift (whichever is less).

If you have been fired and will enter into a lawsuit with your employer, you may be entitled to compensatory or liquidated damages. This is money that can be recovered in addition to the actual damages amount.  It would represent the lost earnings during the period of not working due to your employer’s violation (prompting the need for your lawsuit).  It will need to be proportionate to your actual economic loss.  It can also be based on an agreement you may have with your employer as to a dollar figure should your employment contract have been breached.  In some cases, whatever you’re owed is doubled.

This prohibits sex discrimination in compensation for jobs in the same establishment that require equal effort, skill, and responsibility, and that are performed under similar working conditions. This Law applies to all employers, and size is not taken into account.

There can be differences in the rate of pay, and it is important for you to know when this could take place:

• A merit system
• A seniority system
• A system where quality or quantity of production is taken into account

It is very crucial to know what exactly is going on at your job because there can be times when things may seem unfair or wrong, but your employer might be well within his/her rights. However, there is no hiding the fact that all across America if a study was done regarding pay for men and women, men would be making more money in most companies. Being that many years ago men were stereotypically seen as the breadwinners of the family, it took some time for women to be given that same respect, and be treated how they should be. However, there is absolutely no reason why men should be given any advantage at all. Companies will sometimes offer men under the table, or non-reported bonuses with the hopes that the women in the company will not find out.

Unfortunately, the law does not cover employees working in all fields of work. For instance, minimum wage and overtime law does not apply to the following workers:

• Babysitters
• Persons working as companions for sick or elderly individuals
• Workers in a bona fide executive, administrative, or professional capacity
• Outside salespersons
• Taxi drivers
• Volunteers or apprentices for charitable, religious, or educational organizations
• Members of religious orders (such as priests, monks, or rabbis)
• Students and handicapped individuals working for religious or charitable organizations
• Employees of a summer camp operated by a religious or charitable organization operating less than three months each year
• Staff counselors in children’s camps
• Employees of student or faculty associations or fraternities
• Employees of federal, state, or municipal governments or their subdivisions
• Volunteers at recreational or amusement events that run 8 days or less

A wage and hour lawyer understands the various rights afforded employees under federal and state laws. The wage and hour laws are extensive, covering almost all areas of compensation. Many employees do not know many of their rights when it comes to compensation. They may only know that they were fired for a reason that seemed unfair.

An experienced wage and hour lawyer can help you sort out the laws as they relate to your claim. They can assist you with forming a complaint about the courts listing all the wage and hour violations relating to your case.

Furthermore, your lawyer can negotiate with your employer towards a fair settlement from the moment you decide to file a claim. With their advice, you may be able to reach a fair and equitable settlement early in the process.

However, if your case goes to trial, your lawyer can help you advocate for your rights against your employer and their team of attorneys. Your attorney will ensure you meet all the required court deadlines to keep your case moving towards closure.

Working with a dedicated wage and hour lawyer can help give you the advantage you need to fight for your rights.