Undocumented Workers Are Entitled to Overtime Pay and Minimum Wages On the one hand, you would think that undocumented workers are not entitled to be paid an overtime wage or minimum wage because they are working in this country illegally and have not paid taxes. But on the other hand, these workers did their jobs… Continue Reading FLSA Protects Undocumented Workers
Unpaid Wage Claims Require Realistic Expectations Clients who have been the victims of wage theft do not initially realize that they were denied either the minimum wages or overtime wages they earned. Once this realization occurs, clients can have unrealistic expectations about their rights and the remedies they have. I have seen this occur when… Continue Reading Unpaid Wage Claims Require Realistic Expectations
A Wage Claim Settlement Tip Wage claim inquires come to my firm from a variety of sources. I am fortunate that other attorneys (and law firms) trust me and my firm to handle the wage and overtime inquires they get, and to handle the wage claims they identify. I receive referrals from all sorts of… Continue Reading Wage Claim Settlement Tip
Unpaid Wage Claims Raise Numerous Issues, But At Least Consider These Three 1. Wages are taxed. When you are an employee, you routinely have money withheld from your paychecks for taxes and FICA. When you resolve an unpaid wage claim (involving minimum wages or overtime pay), whether by settlement or judgment, the portion of the… Continue Reading 3 Issues To Consider In Resolving Unpaid Wage Claims
Should Unpaid Overtime Claimants Be Concerned About Retaliation I am often asked whether employees who bring claims for unpaid overtime are protected from retaliation by their employers. The answer, of course, is yes. The Fair Labor Standards Act (FLSA), at 29 U.S.C. §215(a)(3), protects employees from being retaliated against for bringing a claim against their… Continue Reading Are Unpaid Overtime Claims Protected From Retaliation?
Overtime Claims Can Benefit From Testimony And Documents Obtained In Collateral Proceedings Receiving unpaid overtime case referrals from other attorneys, especially workers’ compensation and personal injury attorneys, is always much appreciated. I have found that while evaluating a wage loss claim, workers’ compensation and personal injury attorneys (and their respective staffs) are keen on analyzing… Continue Reading Overtime Claims Can Benefit From Evidence Collected In Other Proceedings
Overtime laws (under the Fair Labor Standards Act or “FLSA”) are very favorable to employees, but still many employees often mistakenly believe that they are not entitled to overtime pay because they received a salary or had the title of manager or supervisor. I am hoping that these common misconceptions can be avoided by those… Continue Reading Unpaid Overtime Claim? 8 Questions To Ask.