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.
Time and time again, clients tell me about how they started work a little bit early to prepare for the shift or were stuck working late to complete a job, only to have the computer reject their hours. It’s one thing to have a policy that forbids overtime and to enforce that policy by not… Continue Reading No Pre-Approval ≠ No Overtime!
I recently came across a 2009 statement from the 2009 General Accounting Office (GAO) while researching the Wage and Hour Division’s (WHD) investigation of wage and overtime cases. The statement, which is entitled “Wage and Hour Division’s Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage Theft,” included the following conclusion after… Continue Reading You Can Count on the FairLaw Firm to Recover Your Unpaid Wages and Overtime