Are there time constraints to filing a lawsuit to recover overtime wages or other wages?

Yes.  Employees who are seeking such wages must be aware that some employers will not want to admit that they have wrongfully paid their employees.  Thus, it is very important that the lawsuit process begin as quickly as possible once employees discover their employers have wrongfully paid them.  Most often,… Read More

Are lawsuits to recover overtime wages or other wages denied employees easy?

No.  Any legal action is complicated, but wage recovery lawsuits can be especially complicated.  It is important for you to have an attorney who has extensive knowledge of wage and hour law. Read More

What are some of the industries and employers in which wage and hour violations may occur?

Wage and hour violations have been found in factories, restaurants, call centers, factories, banks, financial institutions, and nursing homes among others. Read More

Can employers fire or take action against employees because they file a lawsuit to recover wages?

No.  The law prohibits employers from retaliating against employees who complain about or sue to recover wages due.  Employees should not feel threatened or intimidated by their employers if employees seek to recover wages due them. Read More

My employer says I am an “independent contractor” and I perform the same duties as other regular employees. Am I entitled to overtime?

Maybe.  Many employers try to save money by labeling workers as independent contractors, contract employees, contingent workers, and the like.  Only those workers who truly qualify as independent contractors are not eligible for overtime or benefits.  The test for whether or not workers qualify as independent contractors can be very… Read More

Is it okay if my employer makes me clock out for lunch and then I continue to work?

Likely not.  Most states have laws which require employers provide you with unpaid meal periods if employees work a specific number of hours per day, but employees cannot work during those periods without pay. Read More

My employer does not allow me to take breaks or meal periods. Is this okay?

Probably not.  Most states have laws which require employers provide employees with rest breaks and meal periods if employees work a specific number of hours per day. Read More

I must come to work early to get ready to for work. Is this okay?

Most likely not.  Again, employers must generally pay employees for these hours.  Some examples of this is time necessary to change into your work uniform at you work site, preparing your computer for work, and cleaning up after your shift. Read More