Wage & Overtime


Our firm has successfully represented tens of thousands of workers to recover unpaid minimum wages and overtime under the Fair Labor Standards Act (FLSA) and various state laws. Unfortunately, many employers all too often see violating federal and state wage laws as an easy way to increase their bottom line. We’ve represented workers in all sorts of industries, from meatpacking, restaurants and call centers to nursing homes, gas stations, and utility companies.

$3 MILLION

Amount we recovered in 2015 on behalf of Home Health Nurses & Therapists employed by Guardian Home Care.

TENS OF THOUSANDS

Workers for whom we have recovered unpaid overtime wages during the last decade.

$246 MILLION

Amount recovered by the DOL in back wages in enforcement actions in 2015.

Here are some of the common overtime violations that we routinely encounter:

 

  • Working off the Clock – Sometimes workers aren’t paid for all the time they spend working. For example, they are required to arrive early and prepare for their shift, attend meetings, or stay late to finish work “off the clock.” In some instances, managers subtract or “shave” time from a worker’s time records or refuse to pay “unauthorized” overtime. These practices are illegal.

 

  •   Misclassification – While it is true that many workers are “exempt” from the overtime laws, in many instances, employers improperly classify their employees in order to avoid paying them overtime. If you are paid a salary, but routinely work over 40 hours per week with no overtime pay, your overtime rights may have been violated. Many “management” jobs don’t meet the actual requirements to be exempt from overtime and many “professional” positions are still eligible for overtime compensation. A salaried worker’s entitlement to overtime does not depend on his or her title, but rather the job duties actually performed by the worker.

 

  •   Independent Contractors – Many so-called independent contractors should receive the same overtime pay and benefits received by traditional W-2 employees. By classifying workers as independent contractors, employers can avoid overtime obligations, retirement benefits, health insurance, the employer’s share of payroll taxes, and worker’s compensation and unemployment benefits. Courts routinely invalidate independent contractor status based on several factors, including the amount of “control” exercised by the employer over the worker. The only way to be sure that you are properly classified as an independent contractor and not missing out on valuable benefits and pay is to consult with qualified lawyers who understand the various factors that courts have considered.

 

Our lawyers have handled overtime claims under the federal Fair Labor Standards Act (FLSA) and various state laws all around the country. Our experienced lawyers and staff can help you navigate the complicated overtime laws and regulations and are always available to review your case – at no charge and with no obligation. Our firm has recovered millions of dollars of unpaid overtime on behalf of clients in over 20 states around the country. We believe workers should have lawyers in their corner willing to protect their right to an honest day’s pay for an honest day’s work.

 

We have represented thousands of workers in the following industries or with these job types:

 

  •   Call center workers
  •   IT workers
  •   Oil & Gas workers
  •   Nurses and Therapists
  •   Food processing workers
  •   Assistant managers
  •   Retail workers
  •   Sales representatives
  •   Installers
  •   Waiters, waitresses and other tipped employees
  •   Independent contractors
  •   Service technicians
  •   Mortgage brokers & personal bankers

Attorneys

FURTHER READING

Noel v. Metropolitan Government of Nashville

25 Dec, 2022
Our firm represented over 900 Metro Nashville correctional officers in a combined Fair Labor Standards Act (FLSA) collective action and Rule 23 unjust enrichment class action. After more than four years of litigation, culminating in a successful jury trial on the class action claims, our firm secured a $2.1 million settlement for the class. Correctional officers filed the case in May 2011 when they realized that their pay stubs did not add up. After meeting with our firm, the correctional officers chose to band together and protect their rights to be paid fairly and lawfully. In this case, we alleged that Metro Nashville had violated the workers’ rights in two ways. First, they were paid at lower hourly rates than those that had been set by the Mayor and Metro Council in the Metro Pay Plan. Second, the correctional officers were required to work beyond their scheduled paid shifts without pay. After a weeklong trial, the jury returned a verdict in favor of the correctional officers, finding that Metro had been unjustly enriched. After trial, our firm successfully negotiated a $2.1 million recovery for the class, a record for Metro Nashville settlements according to the Tennessean . To learn more about our Labor & Employment practice group, click here .
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