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Unpaid Wages and Overtime

Throughout the country, workers are being deprived of their lawfully earned wages and overtime pay.

Common violations include:

  • Failing to pay properly for overtime work
  • Failing to pay overtime to employees who receive a salary, but perform hourly work
  • Failing to pay employees for work that is done “off the clock”
  • Not paying employees and all.

Labor costs are a primary cost of doing business. One way that unscrupulous employers save on expenses is by failing to pay overtime.

Employers can offer a lot of excuses for not paying workers time and a half after 40 hours worked.

Common reasons given include:

  • “I’m paying you in cash”
  • “You’re an independent contractor”
  • “You’re management, not a worker”
  • “I’m paying you in ‘comp time’ instead”

Each of these activities may violate the Fair Labor Standards Act, as well as state laws and regulations.

Overtime pay laws are in place for a reason; to ensure that workers who are asked or made to work more than 40 hours per week obtain the additional compensation they deserve. When an employer says it doesn’t have to pay time and a half, it makes sense to question its claim.

Many workers know they are being mistreated by their employer by having their lawful wages and overtime pay withheld, but they do not complain because they fear losing their job, or fear being deported from the United States.

However, in many cases, the law protects employees from retaliation. Moreover, their undocumented worker status is not a bar for pursuing claims for unpaid wages or overtime.

An employer who retaliates against an employee for filing a claim for unpaid wages may be fined, or in certain instances, criminally prosecuted.

We have counseled and represented numerous painters, nurses, commissioned employees, laborers, restaurant workers, home health aides and others in overtime disputes in the Tri-State area.   If you need legal help regarding overtime pay, contact us for a free consultation.