Thursday, January 3, 2013

Employment Lawyer: Employer Fails to Pay Overtime or Give Breaks

July 2013 Update - I have gotten a few more wage and hour cases over the last several months, for both plaintiffs and defendants.  Generally, it is a very good area of law to be practicing in, but there is an enormous range.  In some cases, the employers are generally innocent, and either their are disgruntled employees exaggerating and/or fabricating the story, or there are legitimate issues as to actual hours worked, or worker classification (hourly versus salaried, or independent contractor versus employee).

In some of the employee-side cases I've been seeing, however, the facts have an element of malice, such as larger companies squeezing relatively small amounts time from workers who need the money much more than they do, or small businesses treating employees like indentured servants.

When an employee has a good case, the penalties are significant, including double-damages and attorneys fees.  On top of that, the burden of record-keeping is on the employer.

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The Fair Labor Standards Act keeps coming up in my practice, and the more I deal with it the more I want to work on Plaintiff's-side cases.  Not frivolous case, of course, but good cases: with credible complaints of employers failing to pay overtime, or not letting their workers take breaks.  This seems to be a very lucrative area of practice.