Fair Labor Law is a law firm dedicated to enforcing workers’ rights under the Fair Labor Standards Act—the federal law that guarantees overtime pay and minimum wages—together with other state and federal wage laws.
Are you not being paid overtime and suspect you may have been misclassified as an exempt employee or independent contractor? Are you required to do some of your work “off-the-clock" before or after clocking in? Does your boss keep part of your tips require you to work through an unpaid meal break?
If you believe your employer is violating your rights and owes you money, you need a proven attorney in your corner. Our founding attorney has over a decade of legal experience recovering unpaid wages from companies of all sizes. At Fair Labor Law, we represent workers across the United States from all types of jobs and industries in group, class, and collective actions for overtime pay and other common wage violations. Our goal is to help you recover what you are justly owed, and we will work tirelessly to achieve a favorable outcome in your case.
If you need legal advice or assistance on a different type of employment law issue (other than overtime or unpaid/underpaid wages), learn about our other employment law services.
Get your questions answered with a free consultation.
You deserve to be fairly paid for your work and time. Our firm assists clients from all walks of life and can assess all practical and legal remedies available to you. Whether you have been misclassified as an independent contractor, paid straight time for overtime hours, or you suspect your employer is shorting your pay in another way, we can provide the knowledgeable representation you need.
We handle most wage and overtime cases on a contingency fee, meaning our fees and costs are only paid out of the money we recover for you.
Prevailing in a wage theft claim or lawsuit requires extensive knowledge of the applicable laws and exhaustive research and case preparation. We are meticulous in our approach and we give each client’s case the personalized and thorough attention it deserves. Our attorney has earned a strong reputation with judges and fellow lawyers, and we are also deeply familiar with how state and federal agencies, as well as courts, adjudicate these cases. When you come to us for help, our unpaid wages attorney will carefully evaluate your specific circumstances, help you understand your rights, and advise whether you have a case. From there, our team will review all available legal options and help you make an informed decision on how to move forward.
Not all wage violations will be immediately obvious. It may take weeks, months, or even years for an employee to realize they are a victim of wage theft. No matter your circumstances, you should immediately seek legal advice from a qualified attorney who concentrates on wage claims if you suspect you are not being appropriately compensated.
Our wage-hour lawyer can assist you with cases involving:
- Straight Time for Overtime. When you are covered by state or federal overtime law, you are entitled to “time and a half,” or 1.5 times your regular hourly rate of pay. Even if you are paid a salary, day rate, or on some other non-hourly basis, the law specifies how to calculate your regular hourly rate for overtime purposes. “Straight time for overtime” occurs when an employee receives only their regular rate of pay when they should be receiving overtime compensation. Read more.
- Unpaid Time. You must be paid for all hours of work and be paid time and a half your regular hourly rate when you work more than 40 hours in a week if you are a non-exempt employee covered by federal or state overtime laws. If you are required to do some of your work “off-the-clock,” you might be owed unpaid wages. Read more.
- Independent Contractor Misclassification. Your employer may attempt to misclassify you as an independent contractor in order to avoid paying legally mandated benefits, including overtime pay. Even if you were paid with a Form 1099 or you signed an agreement labeling you an independent contractor, you might legally be an employee entitled to overtime pay. Read more.
- Exempt Employee Misclassification. There are a number of exemptions or exceptions to state and federal overtime laws for certain employees, and each exemption has strict requirements. Many employers misclassify employees as exempt in order to avoid paying overtime. Just because you are paid a salary, a day rate, or on some basis other than an hourly rate, that does not necessarily mean you are legally exempt. Read more.
- Bonus, Incentive, and Per Diem Disputes. If you are paid non-discretionary bonuses, incentives, or shift differentials, they are considered part of your wages and must be added to your base hourly rate to determine your overtime rate. Likewise, if your employer pays per diems for business travel that are not based on your actual travel costs they may need to be included when calculating your overtime rate. Read more.
- Tip Violations. If you regularly earn tips, your employer can pay you less than the applicable minimum wage in direct wages if they follow certain requirements. Managers and non-tipped employees cannot keep any of your tips or participate in tip pooling, and they may not be allowed to take deductions or make you pay for things like breakage, cash register shortages, or customer walkouts. Read more.
- Meal Period and Rest Break Disputes. While employers are not required to offer breaks under federal law, your boss cannot compel you to work through an unpaid meal period. You also must be paid for rest breaks that last twenty minutes or less. And some state laws require additional paid breaks. Read more.
- Any other wage violation. We handle all types of overtime and wage violations, including cases involving travel time, illegal deductions, and failure to reimburse for work expenses—you name it, we've seen it!