Dealing With Minimum Wage And Overtime Violations
Minimum wage and overtime laws can be complicated and confusing for both employees and employers. At Mowery Youell & Galeano, Ltd., our attorneys use more than 30 years of experience to identify minimum wage, overtime and other pay violations. We have the added benefit of representing both employers and employees, so we know the most common mistakes made by employers and the most common focus of employees. When an employer knowingly or unknowingly does things that unlawfully limit an employee’s income, the lost pay can add up quickly. We identify the money an employee has lost, and we take action to recover it. Additionally, overtime and minimum wage laws generally provide for recovery of attorney fees in successful cases.
Our attorneys can also assist your company in complying with applicable minimum wage and overtime laws. A review of your record-keeping, compensation policies and payroll procedures can limit your liability and protect against class action or collective action cases. Many times, engaging in a self-audit, whether in response to a complaint to the Department of Labor or as an initiative to ensure compliance, will quickly reveal minor infractions per employee, but potentially large damages, penalties and other recoverable monies for your company as a whole.
Types Of Pay Violations
Some violations are blatant. For example, our office has sought to recover unpaid wages in cases in which employers simply ignored an increase in the minimum wage. This is a clear minimum wage violation. We have also represented employees whose employers rounded clock-in and clock-out times or forced employees to work through breaks. We take great care to add up all of the lost time and recover full compensation, including penalties, in these cases.
The majority of cases our Columbus overtime violation lawyers see involve misclassification of employees. Employers frequently classify as exempt employees who should be classified as nonexempt to avoid paying those employees overtime for hours worked over 40 hours per work week. Similarly, employers may misclassify an employee as an independent contractor. We understand proper classification and can quickly determine whether you have a claim for lost overtime pay. It is important to understand that just because you are salaried does not mean you should not get overtime.
Another type of pay violation that can add up quickly is tip pooling. It is illegal for an employer to pool all of the tips received by, for example, wait staff and then divide the tips equally among all employees, including supervisors, working that day. We can recover unpaid monies if your employer is not compliant with the tip credit.