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MINIMUM WAGE

&

OVERTIME LAW

 

At Biller & Kimble, we are experts in wage theft. We represent workers of all varieties in disputes with their employers about the compensation they receive. If you think you are being shorted by your employer, call us for a free consultation.

Most people know the basics: federal and state law requires employers to pay most workers at least minimum wage and overtime wages when an employee works over 40 hours per week. Knowing the basics  is just one piece of the puzzle. Companies violate wage and hour laws in a multitude of ways, sometimes in ways not obvious to the workers being underpaid. In fact, the law is so complex that, many times, workers do not even realize their employer is breaking wage and hour laws.


Some common violations include:

  • Deducting money from workers’ pay (like for uniforms) or requiring workers to cover certain expenses that serve to benefit the company (like having to pay for and use their own cars in making deliveries)

  • Paying employees on a “piece rate” basis and not properly paying overtime wages when the employees exceed 40 hours per week

  • Misclassifying workers as salaried employees or independent contractors, and denying overtime wages

  • Requiring employees to work “off the clock”

  • “Banking” overtime hours worked in one week to be paid at the employee’s regular hourly rate in a later week

  • Retaining tip money or requiring tipped employees to share their tips with management or other non-tipped employees

 

These are just some examples of the types of violations that take place every day in American workplaces.

Thankfully, wage and hour laws are powerful tools for employees to use—if their lawyer knows how to use them. For example, federal law allows you to recover not only your unpaid wages, but also an extra amount equal to the unpaid wages called “liquidated damages.” In addition, if you prevail, your employer is required to cover your attorneys’ fees and costs associated with winning your case. In some states, even more damages are allowed. In Ohio, for example, employees who prevail on their minimum wage claims are automatically entitled to an additional two times their unpaid wages as damages.

When Biller & Kimble represents workers in wage and hour cases, we almost always work on a “contingency fee basis” and we advance all costs associated with your case. That means, if we accept your case, we will not get paid anything unless you get paid. This way, instead of you spending thousands of dollars and taking on the risk that you do not prevail, we take on that risk for you.

Have you been underpaid? Contact us for a free consultation by completing the form below.

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