Q: How much will your legal services cost?
A: HICKS, MOTTO & EHRLICH will represent you in a claim for unpaid overtime against your employer on a contingency fee basis, and charges no fees or costs unless a successful recovery is made. Additionally, the Fair Labor Standards Act requires the employer to pay for the attorney's fees and costs if a successful claimant incurs.
Q: What am I entitled to recover if I bring a claim and win?
A: You are entitled to recover the unpaid overtime wages which are due you, plus double damages (also known as liquidated damages), plus the reasonable attorney's fees and costs that your lawyer incurs representing you.
Q: How long do I have to bring a claim for Unpaid Overtime or minimum wages?
A: The Fair Labor Standards Act permits an employee to recover up to two years (sometimes three years if the employer's violation is found to have been reckless) of unpaid back-wages. The statute of limitations continues to run until an employee files their claim.
Q: Can I only bring claims for unpaid compensation against current employers?
A:A: NO, Any employer for whom you worked at any time within the statute of limitations is subject to suit. Thus, a claim for proper compensation may be brought against both current and former employers.
Q: Am I entitled to bring a claim for unpaid overtime wages or minimum wages if I am not a legal citizen?
A: YES, your rights to such unpaid wages are the same regardless of your citizenship.
Q: Am I entitled to bring a claim for unpaid overtime wages if I made an agreement with my employer to work overtime hours (more than 40 hours in a single work week), but not to be paid time-and-a-half wages for such overtime hours worked?
A: Yes, the Fair Labor Standards Act does not enforce private agreements between an employer and employee. Basically an employee can not waive or release their rights to proper overtime compensation.
Q: Will I be able to recover overtime wages even if I did not maintain time records when I worked?
A: Yes, the Fair Labor Standards Act makes it the employer's legal responsibility to maintain time records. It is not the employee's duty to preserve such time records. If the employer fails to maintain such records that will not prevent your ability to prove your claim based on your memory of the hours you worked.
Q: Will I be able to recover overtime wages if I accepted cash wages at my straight time rate for overtime hours worked?
A: Yes, even if the employer pays cash wages for any hours worked, such wages must be at a time-and-a-half rate for overtime hours worked. If the cash was paid at your regular rate for overtime hours, you may still be owed additional money for the overtime premium.
Q: If I claim my overtime wages or final paycheck, is my employer permitted to fire me or discharge me or take other negative actions towards me?
A: NO. The Fair Labor Standards Act provides that an employer may not retaliate against any employee who seeks to protect their statutory rights to legal compensation, and any such proven retaliation may result in additional monetary penalties being awarded to the employee.
Q: Is my employer permitted to deduct from my hours time for lunch breaks even if I do not take such lunch breaks?
A: No. An employer may only deduct for breaks 20 minutes or longer if such breaks are actually taken, rather than just scheduled to be taken.
Q: Do employees who get paid piece rate, (an amount of money per task completed), also have rights for overtime wages?
A: YES. Not only hourly paid employees are entitled to time-and-a-half wages for hours worked in excess of forty hours within a work week. Even employees paid by a piece rate, or day-rates have rights to overtime.
Q: Do salaried employees have rights to overtime?
A: YES. Many employers and employees share the misconception that salaried employees do not deserve overtime wages. Salaried employees DO deserve overtime unless they are executives, administrators or professionals, as those terms are legally defined. Such exceptions are legally complicated, and therefore, we suggest that if someone is salaried and shares an interest in recovering their overtime, call Ehrlich and Tipton, LLC for a free evaluation.
Q: If my employer did not issue me a W-2 for taxes, but rather issued me a 1099, can I still pursue my unpaid overtime?
A: YES. Whether an individual is an employee, or an independent contractor, is determined by the facts of the relationship between the parties, rather than by the designation that the employer unilaterally assigns to it. Thus, many individuals are found to legally be employees deserving of overtime wages, despite the employer having mis-classified them as independent contractors.
Q: Does my job title determine my eligibility for overtime?
A: No. Your duties determine your entitlement to overtime wages. Your job title often does not reflect your actual duties and it is your actual duties that control more than your job title.
Q: Am I exempt because my employer tells me that I am exempt (not entitled to overtime)?
A: NO. It makes no difference if your employer calls you exempt or non-exempt, just like the title your employer gives you does not control. For example, some employers will call workers "managers" to avoid paying overtime when those employees are actually laborers or foremen who are due overtime wages. What matters is what you do, not what you are called.
Q: Am I entitled to overtime wages if my employer gave me compensatory time off (comp time) for my overtime wages hours?
A: Yes. Comp time is only legal for employees in the public sector. Private sector employees, who received comp time off, still are entitled to overtime wages for overtime hours worked.
Q: Are tipped employees still entitled to overtime wages for overtime hours worked?
A: Yes, even the tipped professions like servers/waiters or bus-boys deserve greater compensation for hours worked in excess of forty within a work week.
Q: Am I entitled to be paid for my travel time?
A: Yes. Travel time that is part of your duties is compensable. The time employees spend commuting from their homes to the workplace is not compensable. However, if an employee is required to spend time traveling after the work day begins, it should be compensated. (i.e. from the employer's offices to the work place, and back at the end of the work day).
Q: Is my employer entitled to withhold paying me my final paycheck after I am fired or quit?
A: No. Your employer is to pay your final paycheck within a reasonable time which is usually to be within the normal pay period. Two weeks is usually considered to be a reasonable time. If the employer typically pays monthly, then monthly will remain sufficient. However, the employer is not permitted to deduct from the final paycheck so much money that it results in an employee receiving less money than the minimum wage requires. | |