EMPLOYMENT STANDARDS

Unpaid Wages

The basic premise of employment is an honest day’s work for an honest day’s pay. Unfortunately, all too often employees and other workers do not receive an honest day’s pay for their hard work and are paid less than what the law requires. This is sometimes referred to as “wage theft.” Pelton Graham is here to help you and others in your position simply get paid for what you have done.

Close-up of an employee's hand opening envelope with paycheck over wooden desk

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Fair Labor Standards Act

The Fair Labor Standards Act establishes a minimum wage, overtime pay, recordkeeping, and youth employment standards for private, non-profit and government employees. It protects the majority of US workers. Workers who are classified as “contractors” may also be protected by this federal law as well as state laws.

Examples of unpaid wages:

  • Failure to pay minimum wage
  • Failure to pay overtime
  • Classifying employees as “managers” to avoid paying overtime
  • Short payment on last check
  • Failure to pay commissions
  • Check bounced/company went bankrupt
  • Early arrival required but clock in later
  • Deduction for meal time and breaks not taken
  • Paying “comp time” instead of overtime
  • No pay for attending mandatory events like training, meetings, etc.
Construction workers in New York City
Construction workers in New York City

Class Action Lawsuit

Unfair and illegal pay practices often apply to a group of employees. In these cases, a class action lawsuit may be appropriate to enforce employees’ rights. Like consumer class actions, employment class actions seek relief for a large number of individuals damaged by the same actions.

We’re Here to Help

At Pelton Graham we are ready to assist you, at no cost, in assessing your claim – you will meet with our professionals to discuss your case.

If you are concerned that you have not been correctly paid, especially if it affects a number of employees in the same situation, you should act promptly to seek advice. This is important both in order to stop the unfair activity, and because employment protection laws have strict filing deadlines which could bar your claim. Pelton Graham is here to help.

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