Do you suspect that you are not being adequately compensated for the time you work? You are not alone. Employers large and small sometimes do not pay employees correctly. Whether it is an error or a deliberate act, workers have the right to receive pay for the hours they work.
Wage-and-hour laws are governed by state law and federally by the Fair Labor Standards Act (FLSA). The FLSA was created in part to protect workers from unfair wage practices and to help standardize the 40-hour work week. Each state has its own set of employment laws that may differ from the guidelines set by the FLSA. Usually, state laws provide stricter guidelines for employers and help support the FLSA.
Unfortunately, many employers do not abide by FLSA guidelines or state laws. If you feel that your employer has used unfair labor practices to prevent you from making the wages you are entitled to, please contact us in Pittsburgh at 866-273-1941 for a free consultation.
Tough Attorneys Standing Up for Workers' Rights
Employers must be held accountable for their actions and their lack of action. At Robert Peirce & Associates, P.C., we handle a wide range of employment and wage violation claims. We have more than 20 years of experience fighting against large corporations. No company is too big for us to take on.
Wage-and-hour lawsuits are complex cases that require the help of experienced, knowledgeable lawyers. Our firm is proud to provide clients with the resources, experience and knowledge necessary to hold corporations accountable for their actions. We will stand up for your right to fair wages.
Unpaid Overtime or Underpaid Overtime
Have you worked over eight hours in a day or over 40 hours in a week without receiving overtime pay? Has your employer paid your overtime at a rate less than one-and-a-half times your regular salary or by other means such as time off or with job perks?
The following cannot be used to replace overtime pay:
- Additional time off or comp time
- Bonuses or gifts
- Profit-sharing options
- Health insurance or retirement contributions
- Use of company vehicles, cellphones or computers
Talk to us if your employer has tried these tactics.
Unpaid Straight Time Hours Off the Clock
Employers are not supposed to pressure or expect you to work off the clock in situations such as:
- During scheduled breaks (lunch or other scheduled break times)
- Before your shift (for set-up, preparation, etc.)
- After your shift (for breakdown, cleanup or other work-related activities)
- Travel time (at your employer's request)
- Mandatory training or meetings
You are entitled by law to breaks during the workday. Discuss your claim with one of our lawyers if you are working off the clock.
Misclassification of Job
Overtime Exempt Status
Have you been told by your employer or supervisor that you are exempt from overtime because you receive a salary?
Has your employer given you a title which indicates a supervisor's or manager's position though your job duties did not change? Remember, it is your specific job duties that make you exempt, not your job title.
Exempt employees generally fall under one of the following categories:
- Administrative: Typically, this is a high level administrative worker who is regularly relied upon in the decision-making process regarding significant company matters.
- Executive: Typically, this is a salaried supervisor of two or more employees. Their job duties are primarily managerial, and they have significant input into the hiring, firing and promotion of employees.
- Learned professional: These are generally jobs that require an advanced degree such as doctors, lawyers, pharmacists, psychiatrists and teachers.
If you don't meet these criteria, speak with an attorney today. Your job may be misclassified.
Have you been classified as an independent contractor by your employer? Independent contractors typically set their own hours and determine how the work will be done.
If you are considered an independent contractor, you are paid on a freelance basis, and your employer does not have to deduct Medicare, Social Security or unemployment from your pay. This makes it your responsibility to pay these deductions.
Minimum Wage Violations
Have you done the math? Is your pay less than the minimum wage allowed in your state or by the federal government?
Any worker classified as a tipped employee can be paid an hourly rate of $2.13 as long as his or her hourly rate plus tips received equals or exceeds $7.25 per hour. In other words, the employee would have to regularly meet or exceed $5.12 in tips an hour.
Does your job allow you to earn this rate? If not, we want to hear from you.
Unfair Labor Practices · Employer Wage-and-Hour Violations
Employers will sometimes continue to pay an employee at their tipped rate even when the opportunity to earn tips is not available due to working after closing, working before open, working another position that does not allow for customer interaction or the ability to receive tips.
Did your employer fail to change your rate to match your job duties? Take action by speaking with us.
Talk to Us About Your Wage-and-Hour Claim Today
For a free consultation, call 866-273-1941 or use our online form. We only collect attorney's fees if you win an award or settlement.