Wage & Hour FAQ

What Damages Can I Recover in a Wage and Hour Lawsuit?
The Fair Labor Standards Act (“FLSA”) is a federal law applicable in all 50 states which requires employers to pay a minimum wage of $7.25 for each hour of work, and also overtime pay at a rate of at least one and a half times your regular rate of pay for every hour worked over 40 in a workweek.

Under the FLSA, a present or former employee can recover: 1) his or her back overtime or minimum wages; 2) “double damages” or “liquidated damages” in an amount equal to his or her back overtime or minimum wage recovery; and 3) attorney’s fees and costs associated with the lawsuit.

If you’re working more than 40 hours per week and feel you should be paid overtime, or are not receiving minimum wages for the hours you work, a STOP WAGE THEFT Lawyer is ready to investigateContact us now.

What if State Law Provides a Greater Recovery than Federal Law?
Many states provide greater protections for employees than they can receive under federal law.   For example, currently 29 states and the District of Columbia have minimum wages above the federal minimum wage of $7.25 per hour, and many others have increases scheduled in the near future, such as California which increases to $15 per hour by January 1, 2022, and New York City, which increases to $15 per hour by the end of 2018.  Other states, such as California, provide greater overtime protections than the FLSA such as “time and one half” overtime pay for all hours worked in excess of eight up to and including 12 hours in any workday, and “double overtime pay” for all hours worked in excess of 12 hours in any workday.

Under the law, you are entitled to recover under the law most favorable to you, be it federal law or state law.  So if you live in a state that provides greater protections than you can receive under the FLSA, you can pursue your case in state court and recover greater damages under your state’s laws.  That’s why it’s important to hire an experienced and knowledgeable wage and hour attorney to help guide you so that your rights are fully protected, and you receive the maximum recovery.

Through STOP WAGE THEFT Lawyers, you can hire an attorney who knows state and federal wage and hour law, and knows how to maximize your recovery.  The STOP WAGE THEFT Lawyers stand ready to help 24/7.  Just dial 615-450-1000 or complete our free online form to receive the help you need today!

How Long Do I Have to Take Action?

Under federal law, an employee must file suit within 2 years of the time his or her employer failed to pay minimum wages or overtime pay.  If the violation is “willful,” which many are under the FLSA, the recovery period is extended to 3 years instead of 2 years.  Because the FLSA statute of limitations is a “rolling” statute – meaning that an employee can only recover for the period he or she worked within the 2 year period (or 3 if willful) prior to filing suit – every week that the employee delays in filing suit potentially reduces his or her recovery of wages owed.

To prevent any reduction in your potential recovery, act now and dial 615-450-1000 or complete our free online form to STOP WAGE THEFT Lawyer today!

Do I Need Documents to Prove My Wage Claim?

No, you do not have to have any records or documents to prove your wage claim.  Under the law, it is the employer that has the duty to keep accurate records of hours worked by its employees, not the employees’ duty.  So when an employer has failed to keep accurate or adequate records, the law does not deny recovery to an employee because he or she is unable to prove the precise extent of uncompensated work. Instead, an employee simply has to show that he or she performed work for which he or she was not paid, and can estimate the amount of that uncompensated work from his or her best memory.  This means an employee can estimate the hours he or she was made to work off the clock; the total number of hours worked on average each workweek; and how often lunch breaks were interrupted with work.

Can My Employer Retaliate Against Me or Fire Me for Filing a Wage Claim?

Under the FLSA, it is illegal to retaliate or fire a present or former employee for making a wage claim against an employer.

If you are worried that your employer may try to retaliate against you if you assert your rights to receive all your hard earned wages, the lawyers at STOP WAGE THEFT can help advise you. At STOP WAGE THEFT Lawyers, our case reviews are 100% confidential. If you believe a current or former employer has not paid you overtime or other wages you have justly earned, give us a call at 615-450-1000 anytime, day or night.

Will it Cost Me Anything to Hire an Overtime Pay Lawyer?

With STOP WAGE THEFT Lawyers, there is no charge for the initial consultation, which is 100% confidential.  During your consultation, we will answer all your questions and determine whether or not you have a case.  If you hire us, you will not be charged any attorney’s fees unless we recover the wages you are owed.

Why Choose Us

We are ready to fight for employees to recover unpaid wages, penalties, and damages resulting from their employers’ illegal practices. And we also ensure that all of the employee’s rights are protected in the process of recovering the lost wages.


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