It often does not make sense for an individual employee to pursue an unpaid salary or unpaid wages case against their employer or ex-employer because the amount that could be recovered is relatively small; perhaps too small to pay an attorney. However, Federal laws such as the Fair Labor Standards Act allow groups of employees to pursue unpaid wages together in order to minimize costs and to make it more likely that an overtime attorney will take their case. If you are a part of a group of employees who is not receiving fair compensation through overtime or minimum wage payments, contact the Raleigh employment law attorneys at Maginnis Howard at (919) 526-0450 or submit a new case inquiry here.
Federal Courts allow for employees and ex-employees to proceed as a group against their employer if the company systematically failed to make appropriate overtime or minimum wage decisions as to their employees. Workers can proceed together against the business if they have the same job duties and are subject to the same policies and standards determining their compensation and performance requirements.
The Fair Labor Standards Act, or FLSA, provides requirements for employers relating to overtime, minimum wage, recordkeeping and youth employment requirements. The FLSA requirements apply to government workers and for private employees of businesses. For example, if an employer mis-classifies a certain category of workers as independent contractors when all of them should be treated as employees, the employees may have the right to file a lawsuit against the business if they should have received overtime compensation or a minimum wage salary as a result of their being employees. There are tax benefits to businesses from labeling workers as independent contractors, but if the company controls the day to day performance of the workers, that worker is an employee, and not an independent contractor.
If you and your co-workers or former co-workers are all not receiving appropriate overtime or minimum wage payments, Maginnis Howard may be able to assist you. Maginnis Howard is a Raleigh business litigation firm with employment compensation attorneys handling matters in Cary, Apex, Wake Forest, Morrisville and throughout the Triangle area. The firm handles cases in Wake County but will represent employees in overtime and minimum wage disputes throughout the Triangle area, including Durham, Granville, Franklin, Moore, and Johnston Counties.