Wage Claims

Under the Fair Labor Standards Act, employers must pay minimum wage and overtime to eligible employees.

As an employee, you are entitled to be compensated for the time you spend at work. The employer must pay at least the federal minimum wage for the worker’s efforts and time spent on the job, as well as pay for overtime. If your employer has failed to meet the standards imposed on them by the FLSA, a wage claim attorney at The Muhlstock Law Firm can help.

Almost all employees have a right to overtime pay under the FLSA for working longer than forty hours per week. That means hourly employees, salaried employees who make less than the statutory threshold, commissioned employees, and piecework employees have the right under the FLSA to receive overtime. The overtime rate is one and one-half times the employee’s hourly wage for every hour worked beyond forty during a work week.

In 1938, the U.S. Congress enacted the Fair Labor Standards Act (FLSA), signed by president Roosevelt. This leveled the playing field for many workers who were often abused by their companies, and worked very long hours at the same rate of pay.

The FLSA established: 

  • the federal minimum wage 
  • overtime rules 
  • rules for non-traditional wage-earners such as those who received tips
  • commissions and those paid by piece work

Even though minimum wage and overtime are governed by law, you cannot count on your employer to advise you of your rights. If you suspect that you are not being paid fairly, we will investigate the matter on your behalf and diligently work to secure your rightful compensation. An employee who believes they were aggrieved by their employer’s actions under the FLSA can file a claim with the lost wages lawyer that they choose. 

Violations of an employee’s rights to fair wages and labor standards include:

  • Refusing to pay the employee for time spent on the worksite preparing for work;
  • Not paying for time spent waiting for software to boot or computers to work when those computers are used for calculating and keeping employee time;
  • Refusing to compensate the employee for receiving work-related calls after hours;
  • Not paying an employee overtime when their work week exceeded forty hours;
  • Not compensating the employee for breaks as required; and
  • Not paying the appropriate overtime rate.

The Employment Law practice at The Muhlstock Law Firm is performed by practitioners who are known on a national level for delivering superior legal counsel that meets the individual needs and demands of our clients. Our firm represents employees so that they can obtain the wages and overtime that they have earned. Our attorneys draw upon more than 25 years of experience helping clients enforce their rights under the federal Fair Labor Standards Act and minimum wage laws. We understand how to help you secure the wages you are entitled to.

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