If your employer has committed “wage theft” — whether in the form of unpaid wages, or a failure to provide adequate rest breaks, or some other wage and hour issue — then you could be entitled to compensation. The Fair Labor Standards Act (FLSA) is a fundamental federal law that sets the minimum wage and overtime pay standards within the United States. Both state and federal laws protect workers’ rights to fair compensation.
As a first-time plaintiff, however, you may be confused and overwhelmed at the possibility of a lawsuit. An experienced wage and hour attorney may be able to help.
Contact 1-800-THE-LAW2 for a free legal consultation with a qualified local wage and hour attorney.
If you’d like to learn more about wage and hour claims before talking to an attorney, that’s okay, too — keep reading as we explore some of the basics!
What are “Wage and Hour Claims”?
Wage and hour claims fit under the umbrella of the general employment dispute. They can be quite varied in character, and may involve the following issues:
- Unpaid regular wages
- Unpaid overtime
- Disqualification as a part-time employee
- Disqualification as an independent contractor
- Failure to pay for missed time (i.e., giving unpaid time off when the time off should have been paid)
- Failure to provide adequate break periods, or interrupting said break periods
- Minimum wage violations, such as improper classifications of workers and failures to pay the required minimum wage
- And more
“Wage theft” is extremely common across the United States, and each of these issues is a manifestation of the core issue of wage theft. Wage and hour laws are crucial in protecting employees’ rights related to fair pay and working conditions. You deserve to be paid for the hard work that you put in at your workplace — if you haven’t been paid fairly, then you should consider pursuing legal recourse for your wage and hour claims.
Can my employer withhold money because I took rest breaks?
Meal and rest break laws, which are part of broader wage and hour laws governing issues related to payment, overtime, and wrongful termination, vary from state-to-state, so there’s no one-size-fits-all answer here, especially since your circumstances are likely to differ from those of another employee facing similar issues.
Here’s what you need to know:
- In your state, there may be a law entitling you to a meal break period if you work more than a specified number of hours in a day (i.e., in California, for every five-hour work period in a given day, you’re entitled to an uninterrupted 30-minute meal break under the law). If your employer violates this rule, then you may be owed “premium pay” for every violation — in some states, the employer has to pay an hour’s wages for every 30-minute meal break they violate. Over the course of years, these violations can add up to tens of thousands of dollars!
- In your state, there may be a law entitling you to smaller uninterrupted rest breaks every few hours. In California, for example, the law entitles employees to a 10-minute uninterrupted rest break for every four hours worked. This is meant to help employees reduce fatigue and to stay alert. Again, in some states, violations of the rest break rules can lead to “premium pay” penalties for every violation, which can add up considerably over the years.
How long do I have to sue for a wage and hour claim?
Every civil claim (wage and hour, or otherwise) is subject to a statute of limitations deadline period. Depending on the state, these deadline periods can range from as little as a year to as long as four years (or more). If you do not file your claims before the applicable deadline, then courts will automatically dismiss those claims on the basis that you have abandoned or relinquished them under the law. This can prevent you from securing any compensation, leaving you in a difficult position.
Wage and hour cases are particularly significant due to the frequency of such disputes in the workplace, especially in California. These cases can involve various types of disputes, such as unpaid overtime, minimum wage violations, and misclassification of employees. Many workers may be unaware of their rights to fair compensation, making timely action crucial.
Given the consequences of a delay, it’s critical that you move forward with your wage and hour claims in a timely manner — the same as you would with any other serious employment claims. To ensure that your claims are handled in a timely manner, we encourage you to consult and work with an experienced wage and hour lawyer. It is their duty under the law to manage their client’s dispute in a timely manner, which includes procedural issues related to the statute of limitations deadline.
Do bear in mind: if you’ve waited “too long,” that doesn’t necessarily mean that you have to resign yourself to the outcome. In some cases, a statute of limitations deadline exception may apply — for example, if your employer fraudulently convinced you and your colleagues that you were not entitled to overtime under the law, and then you only discover that what they were doing is illegal some years later, then you might still be entitled to bring your claims, as the deadline might have been “frozen” for a time due to the delayed discovery.
Discuss the possibility with your employment attorney for further guidance.
What sort of compensation can I expect for my wage and hour claims?
Compensation for wage and hour claims varies depending on the losses you sustained, but as a general rule, wage and hour disputes tend to be “simpler” from a damages perspective than many other disputes, such as sexual harassment or personal injury disputes. Wage and hour violations in California come with specific legal protections and compensations for employees. Claimable losses for wage and hour issues include, but are not necessarily limited to:
- Lost wages for unpaid time
- Loss of enjoyment of life due to time having to be spent on other jobs to make up for financial issues caused by the employer’s violations
- Premium pay and other penalties imposed on the employer for violations
- Emotional distress
- And more
Worth noting: the law also entitles you (the wage and hour plaintiff) to interest on the compensation owed. For example, if your employer has been withholding overtime pay from you for two years, then you’d be entitled to interest on that unpaid amount, as — had they paid you on time — you could have invested the money appropriately.
Pressuring your employer through litigation may result in an early and favorable settlement
In the employment dispute context — especially in the age of Social Media — it is increasingly difficult for companies to manage the negative brand impact of a problematic workplace. If word gets out that they aren’t paying their employees, for example, their brand could face significant issues. This ability to pressure bad employers is a power that employees can and should utilize in litigation to push for an early and favorable settlement. Filing a wage and hour lawsuit can have serious implications, including the risk of employer retaliation such as firing or demotion. However, affected workers can pursue additional legal action against their employers for these retaliatory measures.
See, settlement is “private” — the details of the settlement are known only to the compromising parties. Trial litigation, by contrast, is public and most employers would rather avoid the media exposure of a serious wage and hour dispute. Negative brand impacts can create challenges for all aspects of their business, including contracts with partner companies, who may want to avoid any sort of public link with a business under fire for its employment practices.
Due to these risks, your attorney may be able to pressure your employer into paying out a reasonable settlement and forgoing extensive, tiring, and public litigation.
What can a wage and hour attorney do to help me handle my dispute?
Wage and hour attorneys can handle a variety of tasks and responsibilities over the course of a dispute. This typically includes, but is not limited to:
- Identifying, gathering, and preserving relevant evidence
- Working with experts, colleagues, and other witnesses to develop supportive testimony
- Communicating on your behalf with the defense and various third parties (i.e., law enforcement, insurance companies, etc.)
- Building a persuasive legal argument and cohesive case strategy
- Negotiating a potential settlement compromise
- Navigating court processes and hearings (such as discovery)
- Pushing ahead to trial litigation, if necessary
- Securing the payout after it has been awarded
- Addressing and litigating wage and hour violations effectively
- And more
Each of these steps involves strategic nuances and procedural complexities that can cause problems for those who are not legal professionals (and who therefore do not have the education, training, and experience handling wage and hour disputes). As such, we encourage you to consult a qualified employment attorney — and specifically, one who has experience handling wage and hour disputes — for guidance. Specialized attorneys play a crucial role in addressing and litigating hour violations to ensure fair compensation and adherence to California’s wage and hour laws.
How much does a wage and hour attorney cost?
Most wage and hour attorneys don’t actually cost anything upfront or out-of-pocket. Instead, they offer legal representation in exchange for a percentage cut of whatever compensation they’re able to secure on your behalf. This is known as a “contingency fee arrangement,” and the percentage cut can range anywhere from 25 percent to 40 percent or more. It may seem like a substantial cut, but the data shows that having an experienced attorney represent you leads to a higher likelihood of success in litigation (and to better case outcomes overall).
Worth noting is that if you “lose” (i.e., you do not obtain compensation), you don’t have to pay your attorney anything. They only get paid if you “win” compensation. That means there’s no downside to getting started with a wage and hour attorney and exploring the possibility of a lawsuit to obtain a payout.
Contingency fee arrangements don’t just lower the barrier-to-entry for claimants. They also incentivize attorneys to work efficiently and effectively to maximize compensation. It makes perfect sense, after all — the more you get paid, the more they get paid.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been paid less at your job than you’re owed, then you could be entitled to sue your employer for damages under the law. Navigating the legal process isn’t always simple or straightforward, however — there are many unique challenges and opportunities you’re likely to encounter as you make your way through litigation. That’s why it’s so important to get in touch with experienced wage and hour attorneys who can help.
Contact 1-800-THE-LAW2 for a free legal consultation with qualified local wage and hour attorneys in our network. During this initial consultation, you’ll be able to discuss the details of your case, next steps, and your strategic options. If you decide that you’d rather not move forward with the dispute, that’s okay too — there’s no obligation to continue. So pick up the phone and call in today to get started with a case evaluation!
We look forward to assisting you.
