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Wage Claim Lawyer

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How can Unpaid Wages Lawyers Near Me help?

Our team can help you recover money your employer owes you, such as:

A wage claim lawyer understands The Fair Labor Standards Act (FLSA). The FLSA is a federal law that provides a range of rights to employees, including minimum wage, rules for handling tips, and overtime pay eligibility. Currently, the FLSA protects more than 130 million workers in the United States from wage theft.

There are two ways employers can be held accountable for FLSA violations.

First, the federal government can prosecute violations of the FLSA.

Second, employees may take direct action against employers in court. “Similarly situated” employees can bring a “collective action” against their employer under the FLSA. If you believe your employer has broken the law and you want to file a claim, it’s best to contact a Wage Theft or FLSA violation attorney for guidance.

Spot the Signs of a Wage Claim

Protect Your Hard-Earned Pay by Recognizing Common Indicators of Unfair Labor Practices

Understanding Wage Theft

When employers don’t pay workers what they legally deserve is wage theft. It can take many forms, including not paying overtime, underpaying for hours worked, making illegal deductions from paychecks, or denying employees their rightful wages. This illegal practice affects millions of workers across various industries, often targeting vulnerable employees who may be less aware of their rights or afraid to speak up. Understanding wage theft is crucial for protecting your earnings and holding employers accountable.

Common types of wage theft include:

Unpaid Overtime: Failing to pay employees for overtime hours at the required higher pay rate.
Minimum Wage Violations: Paying less than the legally mandated minimum wage.
Off-the-Clock Work: Requiring employees to work before clocking in or after clocking out without compensation.
Illegal Deductions: Deducting money from employees’ paychecks for reasons not permitted by law, such as cash register shortages or damaged goods.
Misclassification of Employees: Wrongly classifying workers as independent contractors or exempt employees to avoid paying overtime and benefits.

By being aware of these practices, employees can better protect themselves and ensure they receive the fair compensation they deserve. If you suspect wage theft, it’s important to document any discrepancies and seek legal advice to understand your rights and options for recourse.

My Job is Tip Pooling. Is This Legal?

Tip pooling is not inherently considered wage theft, but it can become wage theft if it violates specific legal guidelines or is implemented improperly. Here’s how tip pooling can intersect with wage theft:

When Tip Pooling is Legal

Tip pooling, where employees share their tips with other employees, is legal under certain conditions. Federal, state, and sometimes local laws govern the legality of tip pooling. Generally, for tip pooling to be legal:

Voluntary Participation: Employees must voluntarily participate in the tip pool unless there is a mandatory tip pooling policy that complies with labor laws.
Inclusion of Tipped Employees: Only employees who customarily and regularly receive tips, like waiters, bartenders, and bussers, should be included in the tip pool.
Exclusion of Employers and Managers: Managers, supervisors, and employers are typically not allowed to share in the tips. Allowing them to participate would likely be considered wage theft.
Compliance with Minimum Wage Laws: Employees must still receive at least the minimum wage even after tip pooling. Employers cannot use tip pooling to reduce an employee’s pay below the legal minimum wage.

When Tip Pooling Could Be Considered Wage Theft

Tip pooling can be considered wage theft in the following situations:

Inclusion of Owners, Managers or Supervisors: Texas law specifically states that owners, managers or supervisors take a share of the tips, it unlawful and considered wage theft. If this is occurring in your place of work, schedule a free consultation with a Wage Claim attorney from The Carlson Law Firm at 800-359-5690.
Improper Distribution: If tips are not distributed according to the tip pool policy or are unfairly withheld, this could be a form of wage theft.
Failure to Meet Minimum Wage Requirements: If tip pooling causes employees’ earnings to fall below the minimum wage, this constitutes wage theft.
Mandatory Tip Pooling Not Compliant with Laws: If an employer requires tip pooling but does not follow the legal requirements (e.g., forcing employees to share tips with non-tipped staff), it could be considered wage theft.
Using Tips for Business Expenses: If an employer uses pooled tips to pay for business expenses or to offset their own costs, this is illegal and would be considered wage theft.

It’s crucial for employers to comply with federal, state, and local regulations regarding tips and for employees to be aware of their rights. If you believe your employer is mismanaging a tip pool or violating labor laws, it may be beneficial to consult with a wage claim attorney with our firm to begin holding greedy employers accountable.

Evaluating a Wage Theft Claim

Often, workers are unaware that they have a wage theft claim. Many of our clients come to us looking for help with other employment concerns. However, we quickly find out that beyond the allegations they are alleging, there is an extremely serious matter concerning their wages. In these cases, we end up uncovering large scale claims of multiple employees being involved in wage loss at the hands of their employer.

Our wage theft attorneys decide to take on wage theft claims by carefully evaluating several key factors to determine the strength of the case and the potential for a successful outcome.

Here are some of the main considerations The Carlson Law Firm's Unpaid Wages Attorneys might assess when taking on a claim:

1. Merits of the Case

Clear Evidence of Wage Theft: The attorney will first evaluate if there is clear and compelling evidence of wage theft. This includes reviewing pay stubs, time records, employment agreements, and any other documentation that shows discrepancies between hours worked and wages paid.
Violation of Labor Laws: The attorney will check if the employer’s actions violate federal, state, or local labor laws. This could include failure to pay minimum wage, unpaid overtime, illegal deductions, or misclassification of employees.

2. Size and Scope of the Claim

Number of Employees Affected: If multiple employees are affected by the same wage theft practices, the attorney may consider pursuing a class or collective action. Wage theft claims involving groups of employees can be more compelling and have a greater impact, potentially leading to more substantial settlements or judgments.
Extent of Unpaid Wages: The attorney will also look at the amount of unpaid wages or damages involved in the claim. Higher amounts can justify the costs and effort of pursuing legal action, especially if they involve substantial financial harm to the employees.

3. Client Credibility and Willingness to Proceed

Credibility of the Claimant: The attorney will assess the credibility and reliability of the claimant. This includes the claimant’s ability to provide consistent and detailed accounts of the wage theft incidents and their willingness to cooperate and provide necessary documentation or testimony.
Client’s Willingness to Participate in Litigation: Wage theft cases can be lengthy and demanding. An attorney will consider whether the client is willing to participate fully in the litigation process, including attending meetings, depositions, and possibly testifying in court.

4. Potential Legal Challenges and Defenses

Possible Defenses by the Employer: The attorney will anticipate potential defenses the employer might raise, such as claims that the employees were properly classified as exempt from overtime or that deductions were legally justified. The strength of these defenses can influence whether the attorney takes the case.
Statute of Limitations: The attorney will consider whether the claim falls within the statute of limitations. Wage theft claims are subject to time limits, so if the claim is too old, the attorney may be unable to proceed.

When considering whether to talk to an attorney about a wage theft case, it’s important to know if the firm has the resources to fight for you. The Carlson Law Firm has the resources and expertise needed to handle wage theft cases effectively. With a dedicated team of skilled attorneys, ample financial resources, and extensive experience in employment law, we are fully equipped to manage these cases from start to finish, ensuring our clients receive the representation they deserve.

What is a collective action?

Employees with similar claims can join together in one lawsuit, a collective action to pursue claims against their employer under the FLSA. The employees must be “similarly situated” to bring a collective action. In other words, you and your coworkers must be subject to the same employer policy causing harm. For example, a group of healthcare workers might bring a claim against their employer that they are being misclassified and aren’t being paid for lunches that were interrupted. These employees are similarly situated under the FLSA and could like bring a collective action claim against their employer.

Why Hire an FLSA Lawyer?

Hiring an FLSA lawyer is crucial for effectively handling wage theft and other employment claims. These lawyers have expert knowledge of federal labor laws, which enables them to identify violations and provide sound legal advice. They navigate complex legal processes, ensure all documents are properly filed, and maximize potential compensation by thoroughly reviewing your case. An FLSA lawyer protects your rights against employers’ legal tactics, advocates on your behalf, and provides guidance and support throughout the process, increasing your chances of a successful outcome and ensuring you receive the compensation you deserve.

an I be retaliated against for filing a claim or asking about my pay?

The FLSA protects employees from retaliation for asserting their rights under the law, including filing a claim, complaining about pay practices, or participating in an investigation or lawsuit. If your employer retaliates against you for these actions, such as by firing you, reducing your hours, or otherwise punishing you, you may have additional legal claims for retaliation.

FAQs: Defective VEhicle Lawsuit

What types of compensation is a person entitled to under and FLSA claim?

Under an FLSA (Fair Labor Standards Act) claim, a person is typically entitled to the following types of compensation:

Back Pay: Compensation for unpaid wages, including regular pay and overtime pay for hours worked that were not properly compensated. This includes any difference between what was paid and what should have been paid under the FLSA.
Liquidated Damages: An amount equal to the back pay owed, essentially doubling the compensation. This is awarded as a penalty to the employer for failing to comply with the FLSA and is meant to cover losses incurred by the employee due to delayed payment.
Attorneys’ Fees and Court Costs: If the employee wins the case, they are typically entitled to have their attorneys’ fees and court costs covered by the employer. This ensures that the employee does not bear the financial burden of pursuing the claim.
Interest on Unpaid Wages: In some instances, an employee may also be entitled to interest on the amount of unpaid wages or overtime from the time the wages were due until they are paid.

These types of compensation help ensure that employees receive the wages they are owed and hold employers accountable for violations of labor laws.

How do I know if I’ve been misclassified as an independent contractor?

You may be misclassified as an independent contractor if you perform work under the direct control of your employer, use equipment provided by them, follow their work schedule, or do not have the opportunity for profit or loss. True independent contractors generally have more control over their work and operate their own business.

What is the Fair Labor Standards Act (FLSA)?

The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards for employees in the private sector and in federal, state, and local governments.

Have I been asked to work off the clock without compensation?

If your employer requires you to perform work duties before you clock in or after you clock out and does not compensate you for this time, it could be a violation of the FLSA. You should be paid for all hours worked, including any time spent performing tasks before or after your scheduled shift.

What is the difference between exempt and nonexempt employees?

In 2024, an employee is considered exempt if they are paid a salary above the threshold of $684 per week (equivalent to $35,568 per year) and perform specific job duties related to executive, administrative, or professional roles, making them ineligible for overtime pay.

An employee is non-exempt if they do not meet these criteria and are eligible for overtime pay when working more than 40 hours in a workweek. Non-exempt employees can also be salaried, but they must still receive overtime pay at a rate of at least one and a half times their regular rate for any hours worked over 40 in a workweek.

Exempt Employees

Overtime Pay: Exempt employees are not eligible for overtime pay. This means they do not receive additional pay for hours worked beyond 40 in a workweek.
Salary Basis: Exempt employees are typically paid on a salary basis, meaning they receive a fixed amount of pay each pay period regardless of the number of hours they work.
Job Duties: To be classified as exempt, employees must perform specific types of job duties, typically in executive, administrative, professional, computer, or outside sales roles. These duties usually involve a high level of responsibility, decision-making authority, or specialized knowledge.
Salary Threshold: Exempt employees must earn a salary that meets or exceeds a specific threshold set by the FLSA. As of 2024, the salary threshold is $684 per week (equivalent to $35,568 per year).

Non-Exempt Employees

Overtime Pay: Non-exempt employees are eligible for overtime pay. They must receive overtime pay at a rate of at least one and a half times their regular hourly rate for any hours worked over 40 in a workweek.
Hourly Basis or Salaried with Hourly Tracking: Non-exempt employees are typically paid hourly, meaning they are paid based on the actual hours worked. Some non-exempt employees may be salaried but still must track their hours to ensure they receive overtime pay when applicable.
Job Duties: Non-exempt employees generally perform duties that do not fall under the categories defined for exempt status. Their work often involves routine tasks, manual labor, or roles that do not require advanced education or decision-making authority.
Wage and Hour Protections: Non-exempt employees are protected by wage and hour laws that ensure they receive at least the federal minimum wage and proper overtime compensation for hours worked beyond 40 in a workweek.

Wage Claim Lawyer

Questions about Wages? Get a free consultation

Call 866-802-9571

Find a Location

Contact Us

How can Unpaid Wages Lawyers Near Me help?

Our team can help you recover money your employer owes you, such as:

Spot the Signs of a Wage Claim

Protect Your Hard-Earned Pay by Recognizing Common Indicators of Unfair Labor Practices

Unpaid Overtime

Incorrect Pay or Missing Wages

Unauthorized Deductions

Understanding Wage Theft

My Job is Tip Pooling. Is This Legal?

When Tip Pooling is Legal

When Tip Pooling Could Be Considered Wage Theft

Evaluating a Wage Theft Claim

Here are some of the main considerations The Carlson Law Firm's Unpaid Wages Attorneys might assess when taking on a claim:

What is a collective action?

Why Hire an FLSA Lawyer?

an I be retaliated against for filing a claim or asking about my pay?

FAQs: Defective VEhicle Lawsuit

Exempt Employees

Non-Exempt Employees

free consultation

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CALL 866-791-0971

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