Wage and Hour Litigation
Have You Been Paid Incorrectly or Incompletely?
All employees should be compensated fully and fairly for every minute they devote to their employers. Unfortunately, some employers don’t fulfill their legal obligations and fail to properly or timely pay their employees.
You may work for a company who has always paid you a certain way. Maybe your entire industry is paid the same way you are. That doesn’t necessarily make the practice legal – many illegal pay practices have become commonplace and are widely accepted. Just because it’s the “norm” doesn’t always mean it’s legal.
There are many ways employers illegally deny their employees fair compensation, including:
- Overtime violations
- Unpaid commissions or bonuses
- Not paying minimum wage
- Nonpayment for pre/post shift work, mealtime or lunch breaks and/or travel time
- Unauthorized deductions from your wages
- Internship nonpayment
- Unpaid or Shared Tips
- Late payments of wages and/or commissions
- Failing to pay final paycheck timely and/or failing to pay for unused paid time off at the time of termination
- Misclassifying employees as independent contractors to avoid paying wages and benefits
- Not paying an employee for unused vacation time
- Interfering with an employee’s right to use earned sick time
You May Be Able to Recover a Substantial Amount
Wage violations often occur over a number of years. If your employer is violating the law, they could face stiff penalties under both Massachusetts and federal laws. Massachusetts law allows employees to recover for any/all violations occurring in the last three years and automatically entitles workers to three times their unpaid wages. As a result, employees victimized by these practices may be able to recover a substantial amount in damages.
If you’ve been classified as an independent contractor by your employer, these laws may also apply and you may be entitled to relief. If you have a question about whether a particular pay practice is legal, contact our firm to discuss the specifics of your situation.
Wage Disputes Handled as a Class Action
A class action is a lawsuit that one or more representatives file on behalf of a much larger group of people, known as a class. To be handled as a class action, the legal and factual issues must be common to the entire class and must impact a significant number of employees (usually 35-40 employees).
Cases involving wage and hour violations are often handled as class action lawsuits. There are several reasons for doing so. If an employer is committing overtime or other pay violations with one employee, they are likely to be doing the same with others. In addition, if the amount of financial damage is small for each employee, a class action provides an affordable way to handle the case as all employees will be included, regardless of the value of each employee’s individual claim. Finally, strength in numbers can provide a strong motivation for the employer to reach a reasonable settlement and properly pay all affected employees.
If an employee successfully sues on behalf of a class of similarly situated employees, he or she may also be entitled to a “bonus” for bringing the suit. Massachusetts courts often award such bonus payments, known as incentive payments, because of the important role class actions serve in protecting all employees’ rights under Massachusetts wage and hour statutes.
We’ll Pursue Just Pay For You
Our highly regarded wage and hour attorneys have a proven track record of obtaining favorable results for both individual and class action claims through litigation and settlement. In fact, we have successfully taken wage claims involving issues of first impression to the Commonwealth’s highest appeals court. We understand nuanced legal issues involved in employment law disputes and are prepared to protect your rights.
Our attorneys’ unique approach to employment litigation enables them to better represent your interests and create effective strategies to achieve your goals. Our attorneys have collectively helped our clients and the classes they represent secure more than 20 million dollars in wage and hour cases in just the last few years.
When you need powerful representation in a wage and hour claim, Regan Strom is here for you. For a free, confidential consultation, contact us today.
