Silver Spring Employment Lawyers
Goldberg Finnegan are actively accepting inquiries from Maryland workers that are being taken advantage of by employers throughout the state.
If you work more than 40 hours per week and are not paid time and a half, you may be entitled to bring a claim against your employer under the Fair Labor Standards Act or Wage and Hour Law.
For more information, contact the Silver Spring offices of Goldberg Finnegan at 301-589-2999 for your free consultation. You can also reach us online via our free website contact form.
There are no upfront fees and our experienced team of legal professionals is ready to help you today.
Do I Have A Claim?
Fair labor laws in the U.S. require employers to properly pay their employees for overtime work and set the standards for minimum wages. Under the Fair Labor Standards Act (FLSA) and similar state laws, non-exempt employees who work over 40 hours in a week are entitled to be paid for that extra work time at one and one-half times the regular rate.
Employees who have been illegally denied overtime pay or are being paid less than required by law can bring a civil lawsuit against their employer for violating the fair labor laws.
Many employees who work at restaurants or bars and are paid below minimum wage (tip wage) also may have a claim under the Fair Labor Standards Act. For example:
- An employer of an employee who receives tips is only required to pay the employee $2.13 per hour so long as the employee’s total hourly compensation is at least equal to the Federal Minimum Wage of $7.25 per hour.
- In order for an employer to pay the $2.13 per hour tip wage, the employee also must earn at least $30.00 per month in tips.
- Many restaurant employees who receive the tip wage of $2.13 per hour and are in a tip pool may be entitled to additional compensation if the tip pool is shared by any employees who do not regularly receive tips (such as dishwashers, cooks, assistant managers, chefs, and janitors).
- In order for an employer to lawfully pay the tip wage of $2.13 per hour, the employer must provide the following information to the employee:
- (i) amount of cash wage employer is paying (at least $2.13 per hour)
- (ii) additional amount claimed by employer as tip credit
- (iii) that the tip credit claimed cannot exceed the amount of tips actually received by the tipped employee
- (iv) that all tips received are to be retained by the employee except for a valid tip pooling arrangement limited to employees who customarily receive tips
- (v) that the tip credit doesn’t apply to any tipped employee unless the employee has been informed of these tip credit provisions.
- If your employer pays you less than minimum wage ($7.25 per hour) and failed to advise you of (i) through (v) above then you may have a claim under the FLSA.
Under the FLSA, employees can recover up to two times the amount of unpaid wages they are owed, plus attorneys fees. In some states, employees can recover up to three times the amount of the unpaid wages, plus attorneys fees.
And remember: It is illegal for an employer to retaliate against an employee for bringing a wage and hour claim. Employers cannot demote, terminate, relocate, or otherwise retaliate against an employee for filing a complaint under the fair labor laws.
If you feel that you are not being properly paid for your overtime hours or are being paid less than is required by law, please call us toll-free at (888) 213-8140 for your free confidential consultation to discuss your legal rights.
There are no upfront fees and we only get paid if we obtain compensation for you.
Common Misconceptions About Overtime Pay
I am not entitled to overtime pay because I am paid on a salary basis.
False. Whether your salary is set on a yearly, monthly, weekly, or hourly basis, the overtime requirements still apply unless you fall into one of the exemptions provided by law.
I am not entitled to overtime pay because I am an independent contractor, or because my job title includes manager or supervisor.
False. Whether you fall into one of the overtime exemptions depends on your job duties, not your job title. Many employers misclassify their employees as managers or supervisors or independent contractors under the mistaken belief that they will not have to pay overtime. We can help determine whether you are exempt or not, regardless of your job title.
My meal breaks do not count toward how many hours I work per day.
This is only true if you are completely relieved of all duties during your meal break. If your employer makes you work while eating your meal, that time counts as working hours which must be compensated. For example, an employee that remains at his or her desk while eating a meal and regularly answers the phone is working and this time counts towards total work time.
So long as I work 80 hours total in a two-week pay period, I am not entitled to overtime pay.
False. The overtime requirements apply for all time worked over 40 hours per week and cannot be averaged over a two-week period. If you work 50 hours one week and only 30 hours the next week, you are still entitled to 10 hours of overtime pay.
Contact Our Wage Employment Lawyers Today
If you believe that you are not being paid the overtime you are entitled to, or if you are paid less than minimum wage, contact our lawyers today by calling 301-589-2999 or by completing our website contact form.
We have many years of experience and a proven record of success.
It’s important to note that there are time limits on employment law claims, so we encourage you to call our office today—the call is free, confidential, and requires no obligation from you.