Unpaid Wage and Overtime

State and federal laws protect individuals from a variety of unlawful pay practices.  These pay practices include failing to pay for all hours worked, failing to pay the proper minimum wage, and failing to pay overtime.  An employer may fail to pay for all hours worked in a number of ways, such as failing to pay for off-the-clockwork, improperly deducting breaks less than 30 minutes, or failing to pay for breaks when the employee is not completely relieved of duty.  If an employer fails to pay for all hours worked, an employee may also be receiving less than minimum wage or inadequate overtime compensation.

 

Employers may also fail to pay the appropriate minimum wage by requiring tipped employees to share their tips with customarily non-tipped employees, such as management or back-of-the-house employees (like cooks, expos, dishwashers, or salad/dessert preparers), or by failing to give proper notice to employees about paying them the tipped minimum wage.  Employers may also fail to comply with the law by deducting wages for uniforms, breakage, customer walk-outs, or meals.

 

Employers also fail to pay proper minimum wage or overtime when they improperly classify an employee as salaried (such as with computer support technicians or assistant managers) or as an independent contractor (such as with cable installation technicians or dancers).  An individual must meet specific requirements to be considered a salaried-exempt employee or an independent contractor under the law.  If the individual does not meet these specific requirements, then they may be entitled to recover unpaid wages and overtime.

 

Employers can also run afoul of state and federal law by making improper deductions from an employee’s paycheck or, in some states, by failing to reimburse for employee expenses such as mileage.

 

Burr & Smith has extensive experience in representing employees in these types of claims.  Please take the opportunity to review our representative cases on behalf of workers:

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