Failure to Pay Wages, Overtime, Commissions
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Schneider Wallace Cottrell Konecky represents individuals who are not paid the wages they are due. Because it rarely makes economic sense for a single worker to pursue a wage and hour lawsuit – i.e. the potential recovery does not justify the costs and risks of litigation – large employers have traditionally flouted the nation’s wage and hour labor laws with impunity.
However, for the past decade, we have been increasingly successful in prosecuting wage and hour claims as class action lawsuits. The class action vehicle allows hundreds, thousands or hundreds of thousands of similarly situated employees to sue an offending employer as part of a single overtime lawsuit. The advent of the wage and hour class action lawsuit has empowered workers to challenge illegal wage payment practices of their employers on an equal playing field.
The cases we see most often involve:
- Misclassification as exempt from overtime
- “Off-the-clock” work
- Improper OT calculation methods
- Failure to pay compensable time (travel; donning/doffing; on-call; training)
- Minimum wage violations
- Failure to provide meal and rest breaks
- Vacation forfeitures
- Improper wage deductions / “charge backs”
- Failure to reimbursements for expenses / uniforms
- Improper classification as independent contractor
Click here to learn if your employer should be paying you overtime compensation.
Click on the links below for answers to frequently asked questions about wage and hour topics
- Independent Contractors
- Meal Periods
- Minimum Wage
- Paydays, Pay Periods, and Final Wages
- Personnel Files and Records
- Reporting Time Pay
- Rest Periods
- Tips and Gratuities
- Waiting Time Penalty
If you believe you are not being paid for all of the time you have worked, or you are not being paid overtime due to you, please complete our online consultation form.
Lawsuits can be pursued by workers who have been denied overtime wages in direct violation of the U.S. Fair Labor Standards Act of 1938 (FLSA) and analogous state laws. The FLSA is a federal law that governs not only pay practices, but also minimum wage and child labor practices.
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