Wage And Hour Violations
Pennsylvania’s employees work hard to build their careers, provide for their families, and contribute to their communities. Earning a living takes hard work and dedication. At Marzzacco Niven & Associates, we believe all employees are entitled to full and fair compensation for the labor they perform for their employers. We’re raising a voice as we assist employees with a full range of issues involving violations of “wage and hour” laws.
State and federal employment laws protect employees against wage and hour violations by their employers. Generally speaking, the Fair Labor Standards Act (“FLSA”) requires employers to pay employees for all hours worked and to provide compensation at a rate of at least 1 1/2 times an employee’s regular rate of pay (“time and one-half”) when the employee works in excess of 40 hours per week. Additionally, the FLSA requires employers to keep wage and hour records and creates a right of action for covered employees if this provision is violated. If an employer has denied you full and fair pay for your work, a knowledgeable attorney can help you seek the compensation you are owed.
Performing Work “Off The Clock”?
Under the law, an employer must pay its employees for ALL of the work they perform for the company. Employers violate this provision of the law frequently by requiring workers to perform tasks before and after they clock in, by requiring employees to perform additional work from home or by performing work on meal breaks or while otherwise off duty or off the job-all without pay. If any of these situations have happened to you, you may be entitled to past wages, overtime pay, and other monetary compensation.
Employee Or Independent Contractor?
Too often, employers will try to minimize the amount they pay in wages and benefits by illegally classifying workers as “independent contractors.” However, the law sets strict standards for who may be considered an independent contractor and who must be treated as an hourly employee.
Under the law, employees are classified as either “exempt” or “non-exempt,” for overtime payment purposes. If an employee is legally and appropriately classified as exempt (“salaried”), that employee is exempt from certain overtime requirements and is not entitled to overtime compensation pay from the employer. If an employee is classified as “non-exempt,” that employee must be paid hourly for every minute of time worked for the employer, and he or she is entitled to overtime compensation for hours worked over forty (40) in a work week.
At Marzzacco Niven & Associates1, we have commonly seen employers try to avoid this law. In other words, just because an employer has deemed you a salaried employee does not mean that they have complied with this strict law. In fact, under applicable law, if an employer misclassifies an hourly employee by calling him or her “salaried,” significant penalties can be assessed and that employee can be awarded compensation including back pay, liquidated damages, attorney’s fees, and costs. Our lawyers can help you get this compensation.
If you believe you have been classified incorrectly or denied the wages and benefits you are entitled to from your employer, working with an experienced employment law team is the best way to learn about your legal rights and hold your employer accountable.
Has Your Employer Violated Your Coworker’s Rights, Too?
It has often been said that “there is strength in numbers.” Because large employers often violate this law-affecting large numbers of similarly situated employees and their rights to full pay and overtime for hours they worked-Marzzacco Niven & Associates is able to represent groups of individuals who have not been paid in accordance with federal and state wage and hour laws as a “class” or on a “collective” basis.
Our trial-tested team of attorneys can help you and your coworkers with a wide variety of wage and hour concerns, including:
- Unpaid overtime.
- Unpaid tips.
- Unpaid benefits.
- Minimum wage violations.
- Wage theft claims.
- Unlawful deductions from pay.
- Exempt and nonexempt classifications.
- Expense accounts and reimbursements.
Don’t Put Off The Earnings and Compensation You Deserve. Turn To Us.
Your first consultation is always free, and we only collect attorney fees if we recover compensation for you. You deserve to be paid for your hard work, and our attorneys are prepared to fight for the wages you have earned.
To speak with a lawyer and determine whether a free initial consultation is in your best interests, please call our main office in Harrisburg at 717-260-3580 or 866-321-5340 toll free. You may also send us an email using our contact form, and you can expect a prompt response from a member of our firm.
1 Per Rule 7.2(k) of Pennsylvania Rules of Professional Responsibility, comment 14, please know that in some cases Marzzacco Niven & Associates works with outside co-counsel in litigation of certain claims. However, under no circumstance will the client pay two legal fees.