Have You Not Been Paid Fairly?
While there are clear laws that dictate how an employee is paid, they are often violated by employers — either intentionally or unintentionally. In some cases, employees may not even be aware that they are not being paid fairly. When they discover the wrongdoing, what may have been a minor error on the part of the employer may have added up to a substantial amount of lost pay. With the help of an experienced attorney from The Law Firm of Jacobson & Rooks, LLC, employees in Philadelphia and New Jersey can recover unpaid wages. The amount of time available to file a claim, known as the statute of limitations, is very short. An experienced attorney should be contacted quickly.
Break, Lunch And Off-the-Clock Wage Violations
One of the most common types of wage violation involves employers simply not paying employees for the work they do. If an employee is forced to work through breaks or lunch, the employee must be paid for that time. Furthermore, employees cannot be forced to do off-the-clock preparatory work before their shifts or cleanup work after their shifts without pay. This unpaid work can add up quickly. We make certain it is added up correctly and employees are compensated for all the work they do.
When unpaid breaks, lunches and other off-the-clock work are added up, it often pushes the employee into overtime, which we will take into consideration when seeking compensation and penalties against the employer.
Another way that employers avoid paying employees overtime is through misclassification. They will classify an employee as an independent contractor and pay him or her with a 1099. They will classify an employee as exempt and pay him or her a salary, rather than classifying the employee as nonexempt and paying him or her an hourly wage. Only employees in certain categories with specific duties such as supervisor duties can be classified as exempt and are therefore not entitled to overtime. However, employers will often classify employees who do not do any supervisory work as exempt simply to avoid overtime pay. This is a way that employers take advantage of employees. Even undocumented workers are entitled to the protection of the wage and hour laws.
In other cases, an employer may simply pay an employee cash for straight time even though it is overtime pay or neglect paying overtime at all for employees who work more than 40 hours a week, or may miscalculate the amount of overtime that needs to be paid. We pursue back pay for all unpaid overtime. Employees must act quickly in these overtime cases to recover their compensation.
When groups of employees are not paid overtime, we will meet with them individually to determine if a class action or collective action may be the best approach.
Discuss Your Case With A Philadelphia Unpaid Overtime Claim Lawyer