Unpaid Wages
The Department of Labor enforces the Fair Labor Standards Act (FLSA), which sets basic minimum wage and overtime pay standards at the federal level. Workers covered by the FLSA are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate of not less than one and one-half times their regular rate of pay is required after 40 hours of work in a workweek. Certain exemptions apply to specific types of businesses or specific types of work.
Most states also have laws that require employers to pay employees for all hours worked and to pay employees at regular intervals, such as biweekly or semimonthly. These laws may impose penalties on employers who do not comply with the law, and may even provide for criminal prosecution. Many states and the FLSA, however, do not mandate that employers provide severance pay, sick leave, vacation benefits, or paid holidays. They also do not address non-production related cash bonuses, educational assistance, life insurance, or travel accident insurance. Generally, benefits such as these are a matter of agreement between the employer and the employee or employee representative.
In addition, the Family and Medical Leave Act (FMLA) provides for up to 12 weeks of unpaid leave for certain medical and family situations (e.g., adoption) for either the employee or a member of the covered and eligible employee's immediate family; however, in many instances paid leave may be substituted for unpaid FMLA leave. A final rule effective on January 16, 2009, updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008.
When unpaid wage incidents occur, a thorough investigation and evaluation of the cause(s)--conducted by a personal injury attorney with direct experience handling unpaid wages claims--is always the best way to proceed. Once the cause and liability are determined, an unpaid wages attorney and can help the client reach an informed decision about whether or not to pursue an unpaid wages lawsuit or other legal option.
The skilled personal injury lawyers at Schwartz Zweben LLP and its affiliate law firms have successfully resolved numerous complex unpaid wages lawsuits against corporations, small businesses, and other entities. They understand the intricacies of investigating, litigating, negotiating, and resolving unpaid wages claims and are experts at effectively presenting these cases before insurers and juries. Our resources include a top-notch team of professional investigators and experts who can analyze the evidence and help our unpaid wages lawyers obtain swift justice and favorable settlements.
If you have not been wages you are owed, contact the law offices of Schwartz Zweben LLP. An unpaid wages attorney on our team can offer you a free, confidential evaluation of your case, advise you of your rights, and determine the best way to recover lost income.
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