Failure to Pay Wages, Overtime, Commissions
The attorneys at Schneider Wallace Cottrell Konecky are well experienced in representing individuals who are not paid the wages they are due. When an employer denies a worker overtime pay or fails to provide other compensation and benefits required under the law, our attorneys are fully prepared to help our clients recover the money they are legally entitled to.
“Failure to pay” 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 activities.
Fighting Back Against Employers Through Class Action Claims
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, in past 25 years, our law firm has been increasingly successful in prosecuting wage and hour claims as class action lawsuits. The class action vehicle allows hundreds, thousands or even 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 created an equal playing field by empowering workers to join together to challenge the illegal wage payment practices of their employers. We always handle wage and hour lawsuits on a contingency fee basis. That means that we do not charge any attorneys fees unless we are successful in the lawsuit.
Type of Cases We Handle
While the attorneys at our firm are well positioned to handle a wide variety of “failure to pay wages’ claims, the cases we see most often involve:
- Misclassification as exempt from overtime
- “Off-the-clock” work
- Improper overtime (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 reimburse for expenses / uniforms
- Improper classification as independent contractor
Learn More About the Laws Addressing Wages, Overtime and Commissions
Federal and state employment laws and regulations can be exceedingly challenging to navigate on your own. In an effort to provide you with some general information, our lawyers have developed a list of answers to frequently asked questions about wage and hour matters:
- 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
Schedule a Consultation with an Employment Law Attorney
If you believe you are not being paid for all of the time you have worked, or are not being paid the overtime due to you, we invite you to schedule a consultation with an employment law attorney in our San Francisco, Houston or Scottsdale offices. Schneider Wallace Cottrell Konecky Wotkyns LLP is a national law firm that represents employees in a wide range of employment law cases, including class action lawsuits involving the failure to pay wages, overtime pay and commissions.