INFORMATION ON WAGE CLASS ACTION LAWSUITS


WHAT ALL EMPLOYEES NEED TO KNOW
ABOUT WAGE THEFT:

The Fair Labor Standards Act mandates that employers maintain payroll records for a set amount of time. For information on Federal record keeping laws, click here. It isn’t too late for you to examine your paycheck or other related records to see if there have been any wrongdoings.
The U.S Department of Labor makes it clear what records companies must maintain to ensure employees are paid properly, but some employers choose to break the rules and deny workers the compensation they have earned.

Lawsuits

WHO PURSUES
THESE WAGE THEFT CLAIMS?

If you suspect that your employer has failed to pay you correctly, or made improper deductions from your pay, you may be entitled to pursue action.

The Fair Labor Standards Act provides for a federal minimum wage, and many states (and even cities) have their higher own minimum wage protections. If your state or city minimum wage is higher, your employer must pay you at the higher hourly minimum wage.
If an employee works 40 hours or fewer hours a week, he or she is entitled to be paid the applicable minimum wage for all the time they put in. All have over 40 hours a week for a non-exempt employee that must be paid at 150% of your wage as overtime pay. If your employer does not follow these guidelines, they may in violation of the Fair Labor Standards Act, and/or state wage laws.
Improper deductions from your paycheck are also considered a violation of the Fair Labor Standards Act. This includes not being reimbursed for certain expenses, including but not limited to:
  • Tools and materials used in the employer’s business
  • Uniforms, including rental and laundering
  • Cash register shortages
  • Damage to the employer’s property
  • Physical exams required by the employer
  • Transaction fees associated with employee payroll debit cards

    COMMON CLAIMS
    IN WAGE AND HOUR LAWSUITS

    Misclassification of workers is one of the most common violations that leads to wage and hour lawsuits. This means that employees get classified as non-exempt or exempt employees, leading employers to not pay benefits or overtime pay. To read more about misclassification of workers, click read more.

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    Another common wage and hour violation involves improper deductions. Many deductions unlawfully reduce workers’ pay below the minimum wage, regardless of whether the employer takes the costs out of wages or requires employees to reimburse the employer. If your employer has attempted to deduct these or other improper costs and expenses from your pay, diluting your compensation below the minimum wage, you may be entitled to recover the amount of those deductions. For more on improper deductions, click read more.

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