Unpaid Overtime and Wage Claim Lawyer

Law Office of Shane McClelland FLSA, unpaid overtime, wage and hour, misclassification

Unpaid Overtime and Wage Claim Lawyer

You Are Entitled to Be Paid All Unpaid Overtime and Minimum Wage You Work Hard to Earn

The wage and hour attorneys at the Law Office of Shane McClelland help employees recover the unpaid overtime and minimum wages they worked hard to earn. Is your employer not paying you the overtime you are owed, are you not being paid all of the wages you worked hard to earn, have you been misclassified as an independent contractor, or has your employer illegally withheld wages from you?  If so, then you may need an attorney to help collect all of the wages and damages you deserve. We hold employers accountable for violating state and federal wage and hour laws. Wage theft must come to an end. We’re here to help walk with you every step of the way.

It is illegal for employers not to pay employees all of the wages they are entitled to receive. If that has happened to you, then contact us at 800-741-0718 for a free wage claim evaluation. A wage and hour attorney can help you determine your legal options to help you get you all of the money you deserve.

The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) requires employers to pay minimum wage and overtime pay for all hours employees work over 40 in a workweek. The FLSA is a federal law that protects an employee’s right to receive minimum wage and overtime pay. The FLSA requires that all non-exempt hourly employees receive minimum wages. The FLSA sets the standard for who is entitled to receive overtime pay and must be paid a minimum wage. The FLSA also creates recordkeeping requirements for employers.

Overtime ● Unpaid Overtime Lawsuits

All non-exempt employees who work more than 40 hours in a workweek are entitled to receive overtime pay. Employees who are entitled to overtime must be paid one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.

Employees may be able to look back three years to recover their unpaid wages and liquidated damages from their employer. You should contact an experienced wage and hour attorney soon to evaluate if you have a wage and hour case because the longer you wait, the more potential wages you lose.

  • Does your boss require you to work “off-the-clock?”
  • Does your boss require you to work through your lunch break?
  • Does your boss require you to show up to work before your shift starts, but not allow you to clock in?
  • Does your boss require you to attend before or after shift training or staff meetings but not pay you for your attendance?
  • Does your boss require you to attend off-the-clock computer training or other off-the-clock meetings?
  • Does your boss require you to work from home while being off-the-clock?
  • Does your boss require you to put on safety equipment before your shift and take that equipment off after your shift but not pay you for that time?

All of that “off-the-clock” time adds up and your employer should pay you for all of the time that you work. Plus, all of that “off-the-clock” time may put you over 40 hours per work week, entitling you to overtime pay.

If you work more than 40 hours in a workweek, then you may be entitled to overtime pay. If you are entitled to overtime, but your employer isn’t paying you overtime, then give the experienced wage and hour attorneys at the Law Offices of Shane McClelland a call. Contact us now at 800-741-0718.

Minimum Wages ● Unpaid Wage Claim Lawsuits

The FLSA requires employers to pay their employees a minimum wage of no less than $7.25 per hour. There are many illegal practices that may result in you not receiving minimum wages. Your employer is required to pay you for all of the time that you spend working for him or her. For example, if your employer engages in the “off-the-clock” practices mentioned above that may result in you not receiving wages you earned for work that you performed. You work hard for each dollar earned, and your employer should pay you for all activities you perform on its behalf.

If you are working for your employer but not getting paid for your work or you are working and receiving anything less than minimum wage, then you should contact the wage and hour attorneys at the Law Offices of Shane McClelland and let us help you recover all of the wages that you worked hard to earn.

Misclassified as Independent Contractor

Sometimes employers misclassify employees as independent contractors to avoid: paying overtime, paying minimum wages, providing medical insurance, carrying workers’ compensation coverage, or paying state and federal taxes.

Just because your employer tells you that you are an independent contractor and gives you a 1099- IRS tax form that does not necessarily make you an independent contractor. The courts look at the economic realities of your work situation to determine if you are an employee or an independent contractor. For example, how much control does your employer exercise over you? If you are economically dependent upon your employer, then it is possible that you have been misclassified as an independent contractor. There are many factors that the courts consider when deciding whether an individual is an independent contractor or employee. Let us evaluate your facts to determine if you have a case.

If you have been improperly classified as an independent contractor, then your employer may owe you back overtime wages and other benefits. Please contact the experienced wage and hour attorneys at the Law Offices of Shane McClelland so that they can evaluate the facts of your situation to help determine if you have a case.

DON’T LET EMPLOYERS TAKE ADVANTAGE OF YOU. IT IS ILLEGAL FOR YOUR EMPLOYER NOT TO PAY YOU ALL OF THE OVERTIME YOU HAVE EARNED. EMPLOYEES HAVE RIGHTS THAT WE WILL PROTECT.

The overtime, minimum wage lawyers & wage and hour attorneys at the Law Offices of Shane McClelland can evaluate the facts of your case to see if you have a claim. We represent employees throughout the United States, and we may be able to help you because we get results. Call 800-741-0718 now to get a lawyer’s opinion on your potential wage & hour claim.