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Employers have an obligation to comply with all state, federal and local wage and hour laws and regulations that apply to their employees. Unfortunately, in many cases, this does not occur. Whether the violations are intentional or simply reflect an employer’s ignorance or misunderstanding of the law, employees are entitled to recover for unlawful pay practices.
Common examples of wage and hour violations include the following:
- Failing to pay employees for all hours worked, including for time spent preparing to work and finishing work
- Misclassifying employees as exempt from overtime pay requirements
- Failing to pay overtime pay for hours worked over eight (8) hours in a day or forty (40) hours in a work week
- Failing to provide adequate meal and rest periods to employees or requiring employees to work “on duty” meal periods
- Failing to timely pay all wages due at termination or resignation of employment
- Unlawfully taking tips earned by employees
- Maintaining unlawful “use it or lose it” vacation or personal day policies or not paying out accrued leave at the time of termination
- Requiring employees to pay for uniforms or other business-related expenses
- Misclassifying employees as independent contractors
Although, in some cases, employers require employees to sign agreements accepting the practices set forth above, in most case, these agreements are void. Employees generally cannot waive the protections afforded by wage and hour laws and regulations.
If you have been misclassified as exempt from overtime pay or as an independent contractor, have been denied meal or rest breaks, have been forced to incur unreimbursed business expenses or otherwise have not been paid properly by your employer, you may entitled to any wages or expenses that were not properly paid, interest, penalties, and other relief.
Panish Shea & Boyle LLP is considered a national leader in litigation that protects the rights of ordinary people against large corporations. We have won record-setting verdicts and settlements, including the largest personal injury jury verdict in American legal history. We have obtained significant awards and settlements for people who have been mistreated by their employers.