Unpaid Wages and Unpaid Overtime
Since 1938, the law has required that certain workers must be paid overtime – time and a half – for all hours worked over 40 in a week. Disputes about overtime and unpaid wages continue to arise, though, concerning which workers are eligible, what work time must be compensated, and how wages are calculated. The law on overtime is complicated – sometimes employers have difficulty applying the law properly, and sometimes employees are unaware they’re not being paid properly. Sometimes entire categories of workers are wrongly classified as ineligible for overtime compensation. Sometimes employers require workers to perform certain tasks before they clock in or after they clock out. Sometimes waiters, servers, or other tipped employees are not properly compensated or are forced to share their tips more widely than the law allows. And sometimes employers actively manipulate time records to underpay their employees. Each of these things can be described simply as wage theft – employers taking what rightfully belongs to the employee.
The Law Protects Workers
The law protects workers from wage theft regardless of their immigration status. Employers may not create a separate category of workers whom they pay differently based on immigration status; if they could, it would undermine the wages of all other workers. And under an agreement between the Department of Labor and Immigration and Customs Enforcement, the government may not deport workers who are involved in labor disputes, including disputes about unpaid wages. If you have questions about this, we can discuss it with you, in English or Spanish. Se habla espanol
Workers can assert claims for overtime or minimum wage as individuals, or they can band together to bring a “collective action.” Collective claims are a way for current and former employees to assert their rights and put significant pressure on employers to pay the wages the law requires them to pay.
Hire Our Experienced Kansas City Employment Lawyers
We have handled dozens of wage claims, some large and some small. We’ve handled claims against restaurants, against businesses, and in factory settings. We have extensive experience representing workers in disputes about wages, both individually and collectively. Sometimes wage disputes can be resolved with a simple letter, but we have always done whatever is necessary for our clients, including taking the case to a jury, at trial, on appeal, and even in the United States Supreme Court. If you think you may not have been paid your proper wages, please contact us
by calling our offices in Kansas City or Overland Park at 913-322-3528