Employee Claims
Do you have a claim against your employer?
Here are some ways employers try to avoid paying you what employees are due:
- Working off the clock
- Working before or after a shift
- Not paying for travel time
- Only paying commissions to inside salespeople
- Requiring tip sharing or pooling that results in earning less than minimum wage.
- Classifying an employee as exempt from overtime pay when they are, in fact, eligible for overtime pay
- Falsely classifying an employee as an independent contractor.
When to file a claim
Employees have at least two years, and often three years, to bring a claim for back wages that are due. Some State laws may provide more time.
The temptation for employers to cheat employees out of their fair wage is growing. We sincerely hope you have not experienced any such violations. But if you think you have, our office is here to help you.
We can also help workers who have been laid off and who feel their former employers violated their rights to fair compensation. Such a violation might be a failure on the employer’s part to pay the current minimum wage of $7.25 an hour, or it might be a failure to pay time-and-a-half for overtime.
Some employers also make illegal deductions from the employee’s pay or withhold commissions illegally.
Remember—even in an economic downturn, you have a right to be paid what you’ve earned.
Minimum Wage Test
On a 40-hour workweek, is your gross pay (before taxes and other deductions are taken out) at least $290.00? If not, you might have a claim. Minimum wage as of July 24, 2009 is $7.25 per hour. In some states, the minimum wage is higher than the federal standard. In those cases, the employer is required to pay that state’s minimum wage.
Is there already a claim against your employer?
If so, it’s important for you to know whether you can be part of that claim. If you can, the only way you can receive your lost wages under the federal law is to be part of the claim. Contact us to find out if you are eligible.
What about company-issued smart phones?
If you’re required to answer customers’ questions or perform other work for your company on email, a cell phone or a smart phone after hours, you may be eligible to make a claim.
All contact you have with our Law Office is 100% confidential.