Overtime and Minimum Wage Under the Fair Labor Standards Act

Federal law (and many state laws) protects employees’ rights to be paid minimum wage and overtime. Passed in 1938, the Fair Labor Standards Act (FLSA) was landmark legislation passed to protect one of this nation’s most cherished principles: fair pay for honest work.

Today, workers’ rights are under assault by companies looking to preserve profits on the back of their workforce. These wage and hour violations can take many forms: 

• Employers commonly and wrongly classify rank-and-file employees as “white-collar” and therefore exempt from the FLSA.
• Employers routinely ignore the federal requirement of paying overtime at a one-and-a-half-time premium.
• Employers do not include all of the necessary compensation in the “regular rate” when paying overtime. This can include certain bonuses, shift differentials, and any other compensation for work.
• Companies require workers to perform their jobs off-the-clock.
• Employers frequently classify employees as independent contractors to avoid complying with the FLSA.
• Employers deduct costs that should be paid by the company from workers' wages, resulting in unpaid minimum wages or unlawful deductions under various state laws.
• Employers improperly claim tip credits or improperly use workers' tips.

Stueve Siegel Hanson represents plaintiffs in high-profile wage and hour litigation throughout the country. Our experienced attorneys use knowledge gained at top law schools, federal clerkships and national law firms to give our clients an advantage in court. Indeed, we have successfully represented (and continue to represent) employees in wage and hour disputes against many Fortune 500 companies and national conglomerates, among them Bank of America, Tyson Foods, Citigroup, Wells Fargo, Dell Technologies, DISH Network, Papa John’s, AT&T/DIRECTV, Caesars Entertainment, Penn Entertainment, Boyd Gaming, Rush Street Gaming, MGM, Bass Pro, Bally's, and many others.

Our current wage and hour investigations and cases include work on behalf of:

• Travel nurses for bait-and-switch employment practices and unpaid overtime
• Casino employees for unpaid minimum wages and overtime
• Misclassified “independent contractors” at nursing homes
• Bank of America workers for unpaid overtime and other wages associated with administering the Paycheck Protection Program (PPP)

Every wage and hour case has a time limit, called a statute of limitations. This defines the time period in which you may file a wage and hour case. Under the FLSA, for example, a case must be filed within two to three years depending on the circumstances. Most state laws are similar. If you do not file your case within this time period, you could be forever barred from bringing any claim. If you suspect your employer is violating wage and hour laws, it’s important to act quickly. This allows us not only to meet filing deadlines, but also to gather facts, interview witnesses, and obtain documents so evidence is properly preserved and the case can be set for a timely trial.

If you believe you have suffered lost wages due to your past or present employer’s wage and hour violations, call us today at 1.800.714.0360 or contact us here. We provide free, confidential consultations.