Types of claims

There are a variety of different legal claims that your atorneys at Swartz Swidler might pursue on your behalf. Here are six of the most common.

1. Failure to pay overtime

If your employer fails to pay you at the overtime rate for the hours that you work in excess of 40, you may have a claim if you are a non-exempt employee. Even if you are salaried, you may still be a non-exempt employee if certain pay and other requirements do not meet the exemptions.

2. Failure to pay for all of the hours worked

If your employer does not pay you for all of the hours that you worked, you may have a claim. Hours worked should address all compensable time, including donning and doffing and others.

3. Tipped wage violations

Employers who do not make up the difference between the tipped wage and the minimum hourly wage are in violation of the law. Employers also may not require a tipped employee to share his or her tips with others who are not tipped, and employers may not take a tipped employee’s tips.

4. Comp time in lieu of overtime

Employers may not require you to take compensatory time instead of overtime. Doing so is a clear violation of the act.

5. Misclassification as an independent contractor or exempt employee

Employers sometimes attempt to skirt the law by misclassifying employees as independent contractors or exempt employees. To be considered to be an independent contractor or an exempt employee, the job, duties, control and pay must meet certain defined requirements. When a business has a pattern of misclassifying workers, they may have grounds to file a class action lawsuit in the interests of all of the people who have been misclassified. Swartz Swidler has experience with representing misclassified workers in their class action suits against employers who have misclassified them.

6. Certain workers not receiving the prevailing wage

Certain skilled tradespeople who perform work for the government under government contract are entitled to receive the prevailing wage, which may be more than what they are receiving. The prevailing wage for some positions is $40 per hour with additional benefits. This is common for computer technology employees and administrative employees.

Other provisions of the FLSA

There are several amendments to the law that provide additional protections. One of the most important of these is the Equal Pay Act. This law provides that employers must pay women the same rate of pay as they pay similarly situated men.

Your rights

The law protects you in all of the following ways:

• Minimum wage

Under federal law, you are guaranteed a minimum hourly wage of at least $7.25. This amount was made effective on July 24, 2009. A number of states, including New Jersey, have their own minimum wage laws. In New Jersey, workers have a state minimum wage of $8.38 per hour. You are entitled to receive the higher amount provided by the state. If you have not received the minimum wage for your work, the attirneys at Swartz Swidler may work to recover all that should have been paid to you.

• Compensation for the hours worked

The act sets out rules defining which hours a person works are compensable. They normally require you to be paid for all hours that you are required to be at your workplace, on the clock or on the premises of your employer. The standard workweek under the act is set at 40 hours.

• Overtime for non-exempt employees

If you are a non-exempt employee, you are entitled to overtime pay for all hours in a workweek over 40 that you work. You must be paid at a rate of one-and-one-half times your normal hourly rate for all overtime hours.

• Correct classification

You have the right to be classified correctly as either an employee or an independent contract. You also have the right to be classified correctly as either an exempt or non-exempt employee. Non-exempt employees are those that are protected by the Fair Labor Standards Act.

• Tips and gratuities

Employers are allowed to pay a tipped wage which is less than the minimum hourly wage. The tips an employee earns are supposed to then meet the minimum hourly requirement. If a tipped employee does not make $8.38 per hour with the tipped wage and tips, the employer is supposed to pay him or her the difference.

When should you speak with an attorney?

If you believe that you have been misclassified or that your employer has violated any of the provisions of the FLSA, you may need to consult with the employment law attorneys at Swartz Swidler. When an employer violates these provisions, his or her employees may all have valid claims leading to the possibility of a class action lawsuit against the employer. Contact the at Swartz Swidler, LLC today for your free consultation.