Assisting Workers with Wage Claims Nationwide
Wage theft is egregiously common in the construction industry, with many firms failing to pay overtime. Many construction companies illegally pay workers a flat daily or weekly rate that does not include overtime pay. Some companies that pay by the hour do not pay for all work time, such as time traveling to a shop or other place where they load and unload tools and equipment. Some firms misclassify employees as independent contractors. If you are provided with company equipment, you work for the same company across different projects, and you are paid on an hourly, daily, or salary basis, you are likely an employee, not an independent contractor. If you worked on a public works project paid for with state or federal funds—such as a public school, university, or government building—you may have heard about prevailing wages, sometimes known as “scale pay.” The federal Davis-Bacon Act and many states’ laws require all contractors and subcontractors on most government-funded construction projects to pay wages higher than the general minimum wage. The government establishes a scale of wages and fringe benefits for each trade or job classification. Many employers try to cheat by misclassifying their workers as lower-paid job classifications, such as general laborers, helpers, or apprentices, even if they do not meet the applicable requirements.
We can provide you with the knowledgeable legal assistance you need when you are not being paid fairly for a construction job. We can provide you with the knowledgeable legal assistance you need when you are not being paid fairly for a construction job.
The U.S. Department of Labor has reported that the oil and gas industry is one of the biggest offenders of unpaid overtime. Many oilfield workers are subject to extremely long hours but are not given the legally required overtime compensation. A company cannot give straight time for overtime, and all non-exempt employees must receive the appropriate payment for all hours worked. If you work in the oil field and believe you are not being paid for overtime, our firm can help you explore a claim.
Waitstaff in restaurants, bars, and other hospitality settings are generally considered “tipped employees” if they customarily receive more than $30 in tips each month. As a result, employers can choose to directly pay a rate lower than the applicable minimum wage so long as the employee makes up the difference in tips.
Wage violations can occur in restaurant and hospitality settings when employers steal, reduce, or misappropriate employee tips. While tip pooling is allowed, it must exclude managers and generally cannot include employees that do not customarily earn tips. Deductions are only permitted in very specific circumstances.
All tipped employees must also earn the applicable minimum wage for each hour worked. If they do not make sufficient tips, their employer is legally required to make up the difference. We handle all types of tipped employee wage claims.
Janitors are often misclassified as independent contractors and are consequently denied benefits and applicable overtime pay. Even when a janitor is appropriately classified as an employee, they still may be unlawfully denied overtime compensation if they are paid a fixed rate or are expected to work “off-the-clock.” Some cleaning agencies will also unlawfully deduct uniforms and equipment from an employee or contractor’s paycheck. Our legal team can help janitors and cleaning professionals understand their rights and legal options.
Landscapers are frequently expected to complete “off-the-clock” work and work through unpaid meal breaks mandated by certain states. Many landscaping companies illegally pay workers a flat daily or weekly rate that does not include overtime pay. Some companies that pay by the hour do not pay for all work time, such as time traveling to a shop or other place where they load and unload tools and equipment. Other landscaping companies misclassify landscapers as independent contractors to avoid paying overtime. If a landscaper is hired by a company and is directed where to go and how to complete their work, they are likely an employee, not an independent contractor. Landscaping companies may also unlawfully deduct equipment and uniforms from workers’ pay. Our labor and employment law attorney can assist landscapers with exercising their rights and recovering what they are owed when their rights are violated.
Our labor and employment attorney is ready to assist you with your wage theft claim and offers services in English and Spanish. Contact us online or call (888) 333-7147 to discuss your case with us!
Many call centers pay their employees only for time spent on calls or logged into a system even though they spend additionally work time “off the clock” each shift. Call center employees are entitled to the appropriate compensation for all hours worked, including overtime pay for overtime hours. Should these or any other wage violations occur, contact our team for help.
Healthcare industry workers are often subject to long hours and high-stakes, stressful conditions. Many nurses, hospital employees, and medical system workers are unlawfully denied overtime pay and/or are not provided with state-mandated meal or rest breaks. Employees who work 24-hour shifts should not have time deducted for sleep periods unless they have a regularly scheduled sleep period (not just whenever they can find the time) and actually are allowed to sleep without interruptions for at least 5 hours. Our team can help healthcare workers navigate the appropriate wage claims for unpaid time.
Home healthcare agencies often “shave” or remove hours that employees have logged, or they do not allow employees to clock in for certain parts of the work day. Another common scheme among home health companies is to pay a single employee under multiple job codes and refuse to pay overtime even though the total is more than 40 hours per week. Some home health workers will also be misclassified as independent contractors by a private employer or a larger service.
Our team can help healthcare workers navigate the appropriate wage claims for unpaid time.