Employment 

Law

The attorneys at CWG fight to protect the rights of employees across the nation to make sure they are compensated properly for all time worked on behalf of their employer. State and federal wage and hour laws, including the Fair Labor Standards Act (“FLSA”), protect workers by
requiring that all hourly employees are fully compensated for each of the hours they work. The FLSA requires that each hourly employee receive a minimum wage of at least $7.25 per hour and that hourly paid employees be paid time-and- a-half for all hours worked over forty each work week. In addition, many states have a higher minimum wage than the FLSA. Many employers violate the state and federal wage and hour laws through a variety of unlawful schemes, including: (1) requiring employees to begin their work shifts before clocking in, or requiring them to clock out, but continue to work “off the clock”; (2) failing to pay employees for on-call hours or hours spent commuting between job sites; (3) requiring employees to work through part or all of their unpaid meal break; (4) requiring unpaid attendance at pre-shift or post-shift meetings or training sessions; (5)misclassifying employees as “independent contractors”; and (6) failing to pay time-and- a-half for each hour worked over 40 hours; oftentimes by unlawfully misclassifying hourly employees as “managers,” “administrators,” or “supervisors” who are exempt from overtime pay. Employers who engage in any of these practices are violating the FLSA and other state wage and hour laws. 


The FLSA also prohibits employers in the restaurant and catering industry from engaging in certain conduct with respect to the wages and tips of “tipped employees,” including waiters, waitresses and bartenders. For instance, tipped employees cannot be forced to share or pool their tips with supervisors, managers, or other employees who do not serve the customers. Nor can employers withhold employees’ tips to compensate for customers who walk out without paying their bills, or to cover credit card fees. Additionally, in order for tipped employees to be paid less than the minimum wage (i.e. $2.83 / hr), the employee must be informed that the employer is taking a “tip credit” and exactly what portion of their $7.25 minimum hourly wage is being satisfied by tips. Employers are also obligated to ensure that tipped employees have received enough money in tips during their shifts to guarantee that they have received at least $7.25 per hour for each hour worked.


The attorneys of CWG are well recognized for protecting the rights of workers and have extensive experience representing current and former employees whose employers have failed to comply with the FLSA and state laws governing wage and hour requirements. If you believe
you have not been paid accurately by a current or former employer, CWG can inform you of your legal rights.

 

 

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