Missouri and Kansas Wage and Hour Attorney
The Fair Labor Standards Act was implemented by Congress in 1938. Written by southern Senator and future Supreme Court Justice Huge Black, the law established national minimum wage, and provided the basis for the 40 hour work week. The Act guarantees all workers covered by the act minimum wage for each and every hour worked, plus time and a half for every hour of overtime. Employers, in their attempts to improve efficiency, often violate the FLSA by cutting corners. In doing so, they fail to consider the rights of their employees.
The FLSA defines "employee" very broadly. Employers often misclassify employees as independent contractors. Another common mistake employers will make is that they will benefit from off-the-clock work performed by their employees due to policies where employees arrive early/leave late (sometimes called donning and doffing), or where employees must work through their lunch breaks, without pay. The FLSA requires employers to pay all non-exempt employees minimum wage for the first 40 hours of work, plus time and a half for all overtime. In addition, the FLSA provides for attorneys' fees, as well as a 1% per day penalty for the first 100 days that wages are unpaid, when the violation is willful.
The following workers are the most common victims of wage theft: Waiters, waitresses and bar tenders; manufacturing workers, assembly line workers, mortgage brokers who work on commission, drivers of cars and couriers, and people who do work as independent contractors.
If you have been a victim of wage theft, do not hesitate in setting up a consultation. Phillip Murphy is very experienced in handling wage and hour cases and obtaining very favorable results for his clients.
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