Emily Sortor  |  July 13, 2019

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Overview of Wage and Hour Claims

A wage and hour claim is a lawsuit that disputes an employer’s compensation for their employee, or the hours that an employee is required to work. Statistics show that in recent years, wage and hour lawsuits have become the most common form of employment lawsuit filed. Wage and hour claims are also known as wage and salary claims.

Filling a wage and hour claim is one way that a worker can hold an employer accountable for complying with employment law. Additionally, filing a wage and hour claim can help an employee possibly receive compensation for wages lost due to improper wage and hour policies enacted by their employer.

What kind of lawsuits are filed that relate to wage and hour law?

There are lots of ways an employer can violate fair compensation laws, and any one of them could be the basis for a wage and hour claim. In many cases, a lawsuit filed against an employer will incorporate multiple wage and hour claims.

Issues under dispute in wage and hour claims can include:

  • improper calculation of overtime pay and hours
  • failure to provide vacation and medical leave
  • failure to provide maternity leave
  • wrongful termination
  • insufficient or unpaid rest breaks
  • insufficient or unpaid meal breaks
  • minimum wage violations
  • failure to reimburse for work-related expenses
  • misclassifications of an employee as exempt versus non-exempt
  • classifications of a worker as an employee or a contractor
  • withholding of wages
  • work performed off the clock
  • discrepancies between job title and actual duties performed
  • unpaid training, meetings, or lectures

Ministry Advantage notes that in some cases, an employer may shortchange an employee by only a few dollars, and an employee may not notice the problem. However, if this is done over and over again to more and more employees, this can have a large impact on workers’ wages.

The U.S. Department of Labor reports that the Wage and Hour Division recovered a record-breaking $304 million in wages owed to workers in 2018, and a total $1.3 billion in back wages over the last five years, demonstrating the effects of not paying workers the pay they are due.

A number of common practices may violate the law, including not paying overtime on time but promising to “make it up” on the next paycheck. Even not being clear on what a worker’s duties are can lead to discrepancies between title and work performed and by extension, a dispute about whether or not a worker’s compensation is appropriate for the work they perform.

Even if an employer violates the law unintentionally, they may still be able to be held accountable. 

Settlements

Settlements or a successful verdict in a wage and hour claim can have a number of positive outcomes, including compensation for employees and improvement in employer’s policies and practices. In some cases, authorities may investigate a company’s record-keeping and polices.

In the case of a settlement, an employer does not have to admit wrongdoing, but may agree to settle and provide some compensation to avoid the costs and risks of continuing litigation.

How lawyers can help?

A wage and hour lawyer can help a worker file a wage and hour claim. As mentioned above, many wage and hour claims actually involve multiple kinds of claims, and a lawyer can help determine what issues are at stake. A lawyer can also help gather the necessary documentation to help prove a case. Lawyers can help affected workers build the strongest case possible to help defend them and seek the compensation they may deserve.

11 thoughts onWhat Is a Wage and Hour Claim?

  1. Kimberly Stevens says:

    The last place I worked for didn’t pay me for all the hours I worked over a period of 5 or 6 months equaled to around $520 which also in my full opinion screwed me from drawing any unemployment although I quit working there because I felt like I was working in a dangerous environment due to falling ceiling tiles because everytime it was raining outside, the ceiling leaked and rain water would pour down on the breaker box in what I would call a storage room.

  2. Michelle Millican says:

    File claim Michelle Millican address 6317 patton street Fayetteville North Carolina 28311 .adtkins cash settlements 40.00 check in the mail.

  3. Kimberly Osborne says:

    I work for a Crowd Management company who’s employee practice is very shakey…The have 1 set of rules for one venue and another set of rules for others. Example: If I work 8 hours and no one is around to give me my lunch break I am suppose to take my break, but I can’t leave the grounds so I should be be paid all of my hours (8). My lunch should not be taken out of my pay.

  4. Rubie Gillon says:

    I worked for Chevron Techron and never received a break or lunch time.

    1. Christine DANIELSON says:

      Please add
      Me my boss would have me carry over my hours so he wouldn’t get in trouble for over working me

  5. Debra says:

    I got hired last sept. Last year 2019 at a parking garage company here in los anges, i work full time 40 hours a week/5 days in a week and for 2-3 months employer asked me to work on 1 of my days off sunday. So i was working 6days a week and if graveyard shift dont show up i need to stay till 6am next day and worked at 2pm that day. On my shifts 2pm-10pm is busy. So i cant go amd leave to buy my dinner cause no one will open the gates for customers leaving the lot. Even to buy drinking water i cant cause if i leave customers will cause traffic and thay i dont want to happen. This feb 14 the lady boss terminated me and her reason was im not suitable to work for the company. Thats it. No explanation she kept ob saying at will. I do know that she doesnt like me since mngr. Told me and maybe cause im a lesbian and im married to the same sex as me. Im a hard worker customer do love me specially the regulars. And my mngr. Like me im the only one he showed to access his pc and passwords. Im the only one he trust specially assisting the customers. Even sometimes mngr. Ask me for advice if the new person he ask me to train is ok or not. If i say his ok then his hired if not then i know im training a new hire. If there is an event i skip dinner cause i dont have time to eat cause most customers are leaving the same time i need to collect tickets manually.

  6. Gail Medeiros says:

    Scripps Health hired me as an hourly employee then a month later made me an exempt employee.they required us to work full weeks often no breaks then come home and provide after hours and weekend coverage watching the computer system, performing updates and training to overseas contracted employees who eventually took our jobs over. All the overtime often in the middle of the might as that is when computers are updated or changes made with no extra compensation.

  7. Artem Arutyunyan says:

    8 years working for the State of California despite the fact that I was never given any breaksbor lunches and had been mandated to work 16 hours every other day, I am on medical leave and while on intermittent FMLA myband jybvery I’ll wife and two little kids Medi-Cal dental and eye insurance was cancelled while on FMLA that expired only 40+ Days after cancellation. I was denied medications. I was denied eye appointment. Emergency dental Card all because they fail to pay me for 24 Hours of Bereavement Leave that I am entitled to. Many years when I requested Overtime and regular pay and hours I was given an attitude by Personnel Specialist as well as I was denied and never paid what I earned. They know that I can’t hire an attorney because I can’t prepay him, but My FMLA rights were violated. Each time I would call in FMLA I would be ridiculed and given sarcasm. I hope you will contact me because I really have a case. But State has aggressive demeanor yetvit has DEEP POCKETS THAT INWISH YOU CAN GET INTO – IF I EARNED SOMETHING SHOULDN’T IBGET PAID? Thank you.

  8. Wendy Frachon says:

    I worked as private Caregiver for almost 2 years. I worked 60 to 80 hours a week for every week i worked. Can i sue for overtime?

  9. Christine Miille says:

    Was never given any breaks or lunches at a job I held several years ago

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