Don’t Get Nickel-And-Dimed Into Oblivion
It can be hard to make ends meet as an hourly employee. It can be even harder to make ends meet if your employer cuts corners on payroll, finding ways to save money by taking it out of your paycheck. An employer can violate wage and hour laws in several ways, among them:
- Not paying workers overtime: If you are a nonexempt hourly worker, federal law requires that you receive a minimum of 1.5 times your standard pay for every hour over 40 you work in a specific week. Some states have more specific laws regarding the overtime rate that may make this higher.
- Not paying minimum wage: All employers are required to pay nonexempt hourly workers the minimum wage set by their state. Failing to pay the minimum is considered wage theft.
- Not allowing breaks: Breaks are often mandated by state law. For example, California requires all employers to ensure workers receive a half-hour break if they work at least five consecutive hours, and failing to provide this break is hour theft.
- Misclassifying workers (exempt vs. nonexempt): Nonexempt workers are eligible for hourly pay and overtime. Meanwhile, exempt workers are not paid hourly, covered by minimum wage requirements, or eligible for overtime, but only specific roles are qualified. Misclassifying you as an exempt worker to avoid paying overtime is wage theft.
- Requiring employees to work off the clock: Unless you are an exempt employee, your employer is required to pay you for all time you work. Requiring you to work off-the-clock violates your right to fair pay.
You work so you can pay your own bills, not your employer’s. If your employer withholds legally owed wages from you, or your unpaid overtime is starting to stack up, there may be no other way to recoup your money than to file a lawsuit. If you win your case, you may be eligible to collect:
- Back pay: Full compensation for the wages your employer stole from you.
- Lawyers’ fees: All the costs and fees associated with your lawyers’ work on your case.
- Court costs: Any additional costs accrued by the court to hear your case.
You don’t have to endure unfair payment schemes. Call nationwide wage and hour attorney Todd M. Friedman at 323-515-1848 to discuss your options. At the Law Offices of Todd M. Friedman, P.C., we are committed to defending nonexempt and exempt employee rights alike. We serve clients in California, Illinois, Pennsylvania, Ohio, and throughout the nation.
State Minimum Wages In Flux
Beginning Jan. 1, 2022, the minimum wage in California was increased to $14.00 per hour for companies with 25 employees or less and $15.00 per hour for employees with more than 25 employees. This will rise again in 2023 for companies with 25 or fewer employees, so all companies must pay a minimum of $15.00.
Similarly, the minimum wage in Illinois has increased to $12.00 per hour as of Jan. 1, 2022, and will increase to $13.00 per hour on Jan. 1, 2023, for untipped workers. Tipped Illinois workers are currently eligible for $7.20 per hour and will receive $7.80 per hour in the new year. Meanwhile, the minimum wage in Ohio has been $9.30 per hour since 2008. These wages are higher than the federal minimum wage, which has remained at $7.25 for over a decade.
Your employer does not have the right to choose which minimum wage to pay you, nor does it have the right to skirt overtime pay laws. Since the rate in California, Illinois, and Ohio is higher than the federal rate, you are entitled to be paid the higher state rate.
If you are an hourly worker making less than your state’s minimum wage, you need a lawyer who can challenge the unfair terms of your employment. At the Law Offices of Todd M. Friedman, P.C., we can help you either file a wage claim with the Division of Labor Standards Enforcement or file a lawsuit against your employer to collect any back wages that may be owed to you.
How the Law Offices of Todd M. Friedman, P.C. Can Help You Fight Back
In an unpaid wage or hour case like this, it is crucial to work with an attorney who will be with you throughout your case. At the Law Offices of Todd M. Friedman, P.C., we offer free initial consultations, so you can get expert advice regarding whether you have a case.
You will speak directly with a lawyer from our firm who will explore the details of your legal situation and help you understand your rights and options going forward. Should you choose to pursue legal action, we will fight on your behalf in court to help you receive the back pay you’re owed.
Marko v. DoorDash, Inc.
The Law Offices of Todd M. Friedman, P.C. have a proven track record of success in wage and hour claims. For example, in the recent case Marko v. DoorDash, Inc., our attorneys won a class action settlement of $100 million for employees of DoorDash.
In this case, the experts at the Law Offices of Todd M. Friedman, P.C. fought for fair compensation for DoorDash drivers in California and Massachusetts who were misclassified as independent contractors. By misclassifying these workers, DoorDash avoided paying them the state minimum wage.
Our attorneys successfully achieved a settlement on behalf of these drivers, ensuring that affected workers can file for damages based on the miles they’ve driven for the company. We will fight just as hard to help you receive the back pay and damages you deserve after suffering your employer’s abusive, illegal wage and hour practices.
Show Them You Mean Business
Getting paid fairly for work you’ve already done should not be a battle. You can take the first step towards holding your employer accountable for paying you the money you’ve earned by reaching out to experienced employment law attorneys. Email the Law Offices of Todd M. Friedman, P.C., or call us at 323-515-1848 to schedule your free initial consultation.