Have you been taken advantage of by your employer?
Did you work over 40 hours and not receive time-and-a-half from your
Texas, California, Pennsylvania, or New York employer?
You may be able to recover as much as six years’ unpaid overtime pay. You may also be entitled to twice the amount of your unpaid wages, costs of recovery, and attorney’s fees as compensation. The knowledgeable legal team at Mindiola Law Firm has an extraordinary track record of strong results for clients fighting wage and overtime violations, holding employers responsible for cheating their own workforce out of their hard-earned income.
$
100000000
Uber's 2016 settlement for wage and hour violations
Unfortunately, wage theft happens all too often - even with the biggest players. Although the law lays the ground work for employers to fairly pay their employees, some employers aren’t fair.
Did your employer deny your overtime pay?
More than 75 percent of all non-exempt workers don’t receive their legally mandated overtime rate. Federal law states that most employees are entitled to overtime for hours worked above the standard 40-hour work week.
According to the U.S. Department of Labor, the Fair Labor Standards Act (FLSA) says that covered employees must receive not less than time plus one-half regular pay rates. There’s no limit on the number of hours an employee at least 16 years old may work in any given work week.
The law says that overtime pay the employee earns in a particular work week should be paid on his or her regular pay day.
Does your employer maintain proper FLSA records?
The law requires the Texas, Pennsylvania, California, or New York employer to keep proper records concerning your hours, wages, and other items specific to Department of Labor recordkeeping requirements.
For the employee to be subject to overtime pay provisions (non-exempt workers), the employer must keep these records:
- Personal details (your name, address, occupation, sex, and date of birth (younger than 19 years of age)
- Work week day and hour start
- Total hours per work day and per work week
- Total daily/weekly “straight-time” pay
- Regular pay rate per hour for the work week (when overtime is worked)
- Total amount of overtime pay for the work week
- Deductions from/additions to wages
- Total wages paid to you over the pay period
- Date of the payment made to you in the specific pay period
Your employer must keep different records for exempt employees.
Are you a wage theft victim?
Is your employer forcing you to work “off the clock”—and you’re not getting paid for these hours?
About 70 percent of non-exempt workers arrive early and stay late at their jobs. Their employers don’t pay a cent more for the work they do outside of the regular shift hours. State and federal laws say that employers must pay their workers for time they work, even if the employee works before or after his or her regular hours.
Texas, New York, California, and Pennsylvania laws state that all the time spent by the employee in the performance of job-related activities is potentially “work time.”
The FLSA overtime rules also state that, with only a few exceptions, all time an employee is required to be at the premises of the employer is considered ”work time.” In other words: if you’re presence is mandatory, you’re on the clock.
Did your employer improperly classify you as a temporary contractor or as an independent or seasonal worker?
“Misclassification” is a serious problem, according to the Department of Labor. If the employer misclassifies the worker, he or she might not receive fair wages, unemployment insurance, family/medical leave, or overtime pay.
The laws say that your contract or job title doesn’t determine your classification.
If you answered “yes” to any of the above questions, you’re a wage theft victim.
Wage Theft Hurts Texas, California, Pennsylvania, and New York Workers
Unfortunately, wage theft happens all too often. Although the law lays the ground work for employers to fairly pay their employees, some employers aren’t fair.
Many of the industry groups we depend on each day are cheating their workers out of hard-earned cash. Wage theft is especially common with:
- Fast food restaurants, other restaurants, and food services businesses
- Call centers
- Hospitals and health care businesses
- Independent contractors
- Certified nursing assistants (CNAs), home health aides, and hourly nurses
- Delivery drivers and couriers
- IT and Computer tech
40
Hours in a standard work week
$
7.25
Federal minimum wage
x
1.5
Overtime multiplier
If your employer is...
...THEN THEY'RE BREAKING THE LAW.
Our Overtime and Wage Lawyers Fight Wage Theft to Recover Lost Income for You
The FLSA is complex. Most employers assume their employees are unfamiliar with employment laws, so they scam their workers out of hard-earned income.
At Mindiola Law Firm, we know the law. We’ll fight for your income, hold your employer accountable and get you the compensation you’ve earned.
There’s a difference between an employer saying you’re exempt from overtime to actually being legally exempt from overtime. If an employer says, “Sorry, you’re exempt from overtime” when you submit a request for payment, there’s a good chance the law is being broken.
In any of these scenarios, the law isn’t on the employer’s side. Recent overtime and wage verdicts include:
- California-based Farmers Insurance agreed to settle multiple overtime violations ($90 million +)
- Minnesota-based Ecolab, Inc. agreed to settle more than $35 million dollars in overtime pay violations across the U.S.
- North Carolina-based Bank of America paid more than $70 million to “off the clock” workers throughout the country.
- San Francisco, CA-based Uber settled a $100 million lawsuit for wage and hour violations.
- McDonald’s paid multiple claims filed in California and New York to settle wage theft claims.
Do you qualify? Overtime in Texas, California, New York, and Pennsylvania are protected by FLSA Overtime Laws.