Over the last several years, federal wage and hour lawsuits have reached a surprising record high. Complaints that employers have failed to pay overtime, violated employees’ rights to fair pay, and denial of employee meals and breaks are not something that should be taken lightly. The Fair Labor Standards Act (FLSA) requires most employers to pay at least the federal minimum wage to most workers. Many states set the minimum wage higher than the federal minimum wage, but the FLSA has other requirements in place to protect aggrieved employees. If you feel your rights to fair pay have been violated, it is essential that you consult with a lawyer who has employment litigation experience. At Jones & Swanson, your Marietta personal injury attorney is here to help you. We welcome inquires dealing with the following:
- Unpaid overtime, including but not limited to cases in which employees may have been exempt from overtime pay or not properly paid overtime as an independent contractor.
- Company failure to pay employees for all hours worked or if hourly wage falls below minimum wage required by the state or that fall below FLSA standards.
- Refusal to pay properly earned sales commissions as previously defined in a signed contractual agreement upon hiring.
- Termination, suspension, demotion, reduction of responsibilities, disciplinary actions or other acts of punishment against an employee for calling attention to unethical or illegal business practices. Proof of employer retaliation must be present when filing a wage claim. Direct evidence may include oral statements, written corrective actions, timing of adverse action, or proof of boss’ hostile behavior after a complaint or claim has been issued may be needed to further your claim.
If you believe that your employer is not paying you what the law requires you may have a wage claim. If your claim is successful, your employer will be required to compensate the unpaid wages. It is important to recognize that most overtime disputes and other unfair wage claims result from employers’ conscious decision to skirt the law. Although in some cases, many unfair wage claims are the result of the businesses lack of legal knowledge. In the event that a member of your family or another party is subject to an unfair wage, legal action may be required. If you believe that you have been subjected to unfair wage compensation, please feel free to give our attorneys at Jones & Swanson a call at 770-427-5498.