Wage and hour violations are a widespread problem for many employees, leading to unfair compensation and financial hardship. Workers may find themselves underpaid, denied overtime pay, or even forced to work without proper compensation. Understanding your rights under the Fair Labor Standards Act (FLSA) and state wage laws is essential to ensure you’re paid fairly for the work you do. If you are facing wage theft or other wage violations, an experienced employment lawyer can help protect your rights and fight for the compensation you are owed.
What Are Wage and Hour Violations?
Wage and hour violations occur when an employer fails to pay workers in accordance with federal or state labor laws. These violations can include underpayment, failure to pay overtime, and misclassification of employees. Common wage and hour violations include:
- Failure to Pay Minimum Wage: Employers are required by law to pay their employees at least the federal minimum wage or the state minimum wage, whichever is higher. Many workers are unaware that they are being paid below the minimum wage.
- Unpaid Overtime: Employees who work more than 40 hours in a week are entitled to overtime pay at 1.5 times their regular pay rate. Employers may try to avoid paying overtime by misclassifying workers as exempt or failing to track overtime hours correctly.
- Improper Classification: Employers may misclassify employees as exempt from overtime, independent contractors, or salaried workers to avoid paying overtime or other benefits. This is a common violation that can result in workers being underpaid.
- Unpaid Breaks and Off-the-Clock Work: Employers may fail to compensate employees for time worked off the clock, such as pre-shift or post-shift tasks, or for breaks they were told not to take.
- Failure to Pay for All Hours Worked: Some employees may be asked to work beyond their scheduled hours or perform work-related tasks during breaks without being compensated.
If you believe your employer is violating wage and hour laws, it’s important to seek legal advice to ensure your rights are upheld and that you are fairly compensated for your work.
How an Employment Lawyer Can Help with Wage and Hour Violations
An experienced employment lawyer can play a critical role in protecting your rights and ensuring you receive the wages you are entitled to. Here are several ways an employment lawyer can assist you:
- Legal Consultation: An employment lawyer will evaluate your case and explain your rights under the FLSA and applicable state wage laws. They can help you determine whether your employer’s actions constitute a violation of the law.
- Case Evaluation: If you believe you have been underpaid or misclassified, a lawyer can review your time records, pay stubs, job classification, and other relevant documents to assess whether you are entitled to unpaid wages or overtime.
- Filing a Claim: If you’re entitled to back pay, your lawyer will assist you in filing a wage claim with the Department of Labor (DOL) or your state’s labor agency. They will help ensure your claim is filed in a timely manner and all paperwork is correctly completed.
- Evidence Collection: In wage and hour violation cases, collecting evidence is essential. Your lawyer will help you gather critical documentation, such as timesheets, pay stubs, and communications with your employer, to build a strong case.
- Negotiation: Many wage and hour disputes can be resolved through negotiations or settlement. An employment lawyer will advocate on your behalf to ensure you receive the full amount of compensation you’re owed for any unpaid wages, overtime, or other damages.
- Litigation: If settlement discussions fail, your lawyer will represent you in court. They will fight for your rights, working to recover unpaid wages, penalties, and interest for any violation of wage laws.
Why You Should Hire an Employment Lawyer for Wage and Hour Violations
Dealing with wage and hour violations can be a complex process, especially when employers are unwilling to acknowledge their wrongdoing. Here’s why hiring an employment lawyer is crucial:
- Expert Knowledge of Wage Laws: Employment lawyers are experts in wage and hour laws, including the FLSA and state-specific labor laws. They know how to apply these laws to your case and can ensure that you receive the correct compensation.
- Protection Against Retaliation: Employees who file wage and hour claims may fear retaliation from their employer, such as wrongful termination, demotion, or harassment. An employment lawyer will protect you from retaliation and take legal action if necessary.
- Increased Chances of Success: An experienced lawyer knows how to navigate the complexities of wage theft cases, gather strong evidence, and build a compelling case. This increases your chances of a favorable outcome, whether through settlement or litigation.
- Experience in Wage and Hour Claims: Employment lawyers who specialize in wage and hour law have handled similar cases and understand the specific challenges and nuances of these claims.
How Castronovo & McKinney Can Help You
At Castronovo & McKinney, Employment Law Attorneys, we have extensive experience helping employees with wage and hour violations. Our legal team has successfully represented clients in claims involving unpaid overtime, wage theft, misclassification, and other wage violations. We are committed to ensuring that workers are paid fairly and in compliance with the law.
Whether you are facing unpaid overtime, minimum wage violations, or other wage-related issues, our attorneys are here to help. We will thoroughly investigate your case, help you collect evidence, and fight for the full compensation you deserve.
Why Choose Castronovo & McKinney?
Here are several reasons why employees choose Castronovo & McKinney to represent them in wage and hour violation cases:
- Proven Results: We have a proven track record of successfully recovering unpaid wages, overtime, and other compensation for employees in a variety of industries.
- Experienced Legal Team: Our attorneys have years of experience handling wage and hour cases and are well-versed in both federal and state labor laws.
- Compassionate Client Care: We understand the financial stress that wage theft and underpayment can cause. Our team provides compassionate support and is dedicated to achieving a favorable outcome for you.
- Aggressive Representation: Whether through settlement or litigation, we are committed to fighting for your rights and ensuring that you receive the compensation you are entitled to.
Contact Castronovo & McKinney Today
If you believe you are the victim of wage theft or any other wage and hour violation, don’t hesitate to take action. Contact Castronovo & McKinney for a free consultation. Our experienced attorneys will review your case, explain your legal options, and fight for the compensation you deserve.
For more information or to schedule a consultation, visit Castronovo & McKinney, Employment Law Attorneys or call us at 973-920-7888 (Morristown) or 646-755-3781 (New York).
