The federal Fair Labor Standards Act (FLSA), state laws, and local laws all work collectively to protect the rights of employees. FLSA requires employers to pay time-and-a-half for all hours worked over 40 hours in a workweek. It also sets very strict guidelines concerning commissions, properly classifying employees, and the proper payment of bonuses. It is not unusual for employers to be in violation of the FLSA without knowing it. Common violations include improperly exempting supervisors and managers from overtime pay, misclassifying employees as independent contractors, and denying overtime to salaried employees.
Unpaid overtime claims are always worth looking into even if you are not sure if you qualify for a claim. If we can prove that you were not properly compensated for your overtime hours, we can sue for unpaid overtime equals at one-and-a-half times your normal rate back two years from the date the claim is filed. If we can prove the employer deliberately set out to deny you pay, that time frame goes back to three years. Usually, you are entitled to liquidated or double damages as well. If we win the claim, FLSA requires your employer to pay our fee as well as your back pay. As a result, employers are typically very willing to resolve these matters quickly.
Like unpaid overtime, unpaid commission claims are subject to doubling and require the employer to cover the employee’s legal fees. There is often confusion about commissions due when an employee leaves a company. It is important to make sure you have a copy of your commission agreement to present in court. Our legal team can review your agreement and verify whether you are owed money, then help you recover all the money that is owed to you.
If you believe you are owed back pay due to unpaid overtime, unpaid commissions, or any other unfair practice, call Fox & Weiss, P.A., or fill out our online contact form.