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The information on this website was written by Michael G. Hostilo, LLC as advertising material and is intended for general information purposes only. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Prior results do not guarantee a similar outcome. Client testimonials are actual and not paid for. The firm is licensed to practice law in Georgia, Alabama, South Carolina

Unpaid Wage Lawyers


Whose Choose The Unpaid Wage Lawyers at Mike Hostilo Law Firm?

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Our community is home to countless hard-working employees. They deserve to be paid fairly for the hours they put in, but this is not always the case. Wage theft is a serious crime, and employers guilty of withholding wages must be held accountable.

Here at The Mike Hostilo Law Firm, our unpaid wage lawyers can help! Trust our team to handle your unpaid overtime lawsuit from start to finish, working hard to recover the wages you’ve rightfully earned.

Wage theft, a violation of the Fair Labor Standards Act, has become a major problem nationwide. Despite being punishable by law, wage theft occurs in many forms – including the following:

  • Payment less than minimum wage
  • Failure to pay at least 1.5 times an employee’s regular rate for all hours worked beyond 40 in a single week
  • Illegal deductions from employee paychecks

Victims of this theft are often among those with the lowest wages, who are already struggling to make ends meet.

Low-income workers are essentially being robbed by employers. Whether this occurs through unpaid hours, pay below minimum wage, or unpaid overtime, it’s time to take a stand. Our unpaid wage lawyers can help hold your employer accountable.

Many of these wronged employees are losing 15% of their income – over $2,000 dollars a year! White collar workers report significant losses as well, many being cheated out of more than $11,000 a year. If your employer is breaking the law, there are steps you can take to get your money back, starting with consulting a skilled unpaid wage lawyer.

Reasons You Should Hire A Unpaid Wage Lawyer

Reason #1: An attorney can determine whether your employer broke the law.
Unpaid wage claims can be complicated, so it’s best to let an experienced attorney handle yours. Our unpaid wage lawyers know the federal and state law that apply to your legal case and can help hold your employer accountable.

Reason #2: An attorney can offer trusted legal advice.
It’s important to hire an unpaid wage lawyer with experience handling cases like yours. Because these types of legal cases can be tricky, having a trusted legal advisor on your side is invaluable.

Reason #3: An attorney will help determine when to file an unpaid wage claim.
There are time limits for filing an unpaid wage claim. In most cases, you have two years to pursue legal action, but there are exceptions. For instance, the statute of limitations extends to three years if your employer willfully failed to pay you what you earned. Your unpaid wage lawyer can help determine which rule applies, offering trusted legal presentation along the way.

Reason #4: An attorney can help decide whether to file a private or class action lawsuit.
If your employer is withholding your wages or failing to pay you for overtime hours worked, they are likely doing the same to other employees. In some legal cases, filing a lawsuit on behalf of one employee may not be advised – but when many employees join together in a class action suit, real results are achieved. In other cases, your unpaid wage lawyer may recommend pursuing a legal claim, even if you are the only employee involved.

Reason #5: An attorney can help recover the wages you deserve.
You have rights as an employee – and your unpaid wage lawyer will help defend them to ensure you are never taken advantage of. Here at The Mike Hostilo Law Firm, our team works diligently to secure the wages you’re owed. And the best part? You don’t pay us unless we win your case!

Ask A Unpaid Wage Lawyer: How Overtime Works

Overtime applies to any amount of time an employee works in excess of 40 hours within a work week. Federal law states that employers who require employees to work overtime must pay one and a half times (150%) the regular rate for overtime hours.

Most states have their own laws regarding overtime pay as well. An experienced unpaid wage lawyer will inform you that employees are entitled to whichever law provides the most benefits. For instance, if the state law offers more overtime wages than the federal law, your employer must follow the state mandate. However, if the federal law entitles you to overtime wages and your state doesn’t, your employer must still follow federal law since the federal law is designed to protect all workers.

Common Wage Loss and Overtime Violations

There are several common tactics that your employer might use to avoid paying overtime wages to workers. Make no mistake, these acts are illegal. Skilled unpaid wage lawyers know that underpaid employees may suffer in many ways that do not appear on a pay stub. All too often employers resort to sneaky, unlawful tactics to force workers to work without proper pay.

Common wage and overtime violations include the following:

  • Overtime violations – These occur when employers fail to pay the mandatory requirement for all hours worked beyond 40 hours in one week.
  • Tip violations – Employers may confiscate tips received by their workers. Other instances include failing to add compensation to tips to reach minimum wage, sharing tips with non-tipped employees, or passing tips to management.
  • Off-the-clock work – Employers who require employees to complete work before clocking in or after their shift is over are breaking the law.
  • Misclassification – When workers are dishonestly classified as managers or salaried employees, they do not receive designated overtime pay.
  • Break violations – Employers sometimes fail to allow workers mandated meal and break times, forcing them to work through without pay.

How Does The Fair Labor Standards Act (FLSA) Protect Employees?

The Fair Labor Standards Act (FLSA) was passed in 1939 to ensure fair pay and equal work opportunities for all employees. The FLSA was originally drafted during the depression to encourage employers to hire more workers, all in hopes of tackling unemployment. Today, the law protects workers from working for unfair wages.

The FLSA is responsible for setting a minimum wage, overtime pay eligibility, and child labor laws. The law requires overtime pay for all eligible employees who work more than 40 hours in a single workweek. The rate of pay for overtime set by the FLSA is one and a half times the regular rate an employee usually receives.

What Type of Employees Does The Fair Labor Standards Act (FLSA) Protect?

The majority of U.S. workers are protected by the FLSA. However, some occupations are exempt, or governed by other laws. Sometimes, state laws work to provide protection where federal gaps exist.

Workers covered by the FLSA are categorized as exempt or non-exempt. Non-exempt employees are entitled to minimum wage and overtime pay, but exemptions are more complicated. An employee is usually exempt if they make over 455 dollars a week, are paid on a salary basis, or perform exempt job duties. Exempt job duties include:

  • Executive – Employees hold an executive position if they supervise more than two people, hold a management position, or are in charge of hiring or firing.
  • Professional – Professional employees hold positions that require advanced educational training, including lawyers, physicians, teachers, and registered nurses. Professionals may also include creative positions like writers, journalists, actors, and musicians.
  • Administrative – Administrative duties may include human resources, public relations, and payroll. These positions are related to management or business operations which require a judgment of significant matters.

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Ask A Unpaid Wage Lawyer: Do I Need to File A Lawsuit for Unpaid Wage Claim?

Lawsuits for unpaid wage claims seek compensation to employees who have been a victim of unpaid wages.

Employees who have approached their employer with proof of unpaid overtime only to be ignored or denied may consider filing an unpaid overtime lawsuit. A lawsuit can help you reclaim overtime pay. Interest, penalties, and your lawyer’s fees may also be included in the settlement.

Determining eligibility for an unpaid overtime lawsuit can be tricky. It is recommended that you contact your state labor board to file a complaint regarding your unpaid wages. If you have already contacted the state and want to move forward with a lawsuit, it is crucial to contact an experienced unpaid overtime lawyer to examine your legal case. A skilled attorney will offer the legal advice and legal representation needed to successfully manage the complexities within a wage claim lawsuit.

If other employees are suffering from lost wages, your attorney may be interested in filing an unpaid overtime class action lawsuit. The FLSA encourages unpaid overtime class action lawsuits or collective actions by allowing plaintiffs to include other potential victims before filing suit. Sometimes companies choose to settle class action lawsuits instead of risking the loss of millions of dollars at trial.

Ask An Unpaid Overtime Lawyer: How To File A Legal Claim For An Unpaid Overtime?

If your employer failed to pay you for working overtime, don’t tolerate this unprofessionalism. In addition to cheating hard-working employees out of their earnings, your employer is breaking the law. They need to pay up and The Mike Hostilo Law Firm can help!

Are you a victim of wage theft, including sub-minimum wage payments? Have you experienced unpaid overtime or unfair exemption status by your employer? Enough is enough. It’s time to hire an attorney who specializes in employment law – like the unpaid overtime lawyers at The Mike Hostilo Law Firm!

Our experienced lawyers can examine your legal claim and identify the specific federal and state laws that apply to your situation. A skilled unpaid overtime attorney will review if you are eligible for compensation for unpaid wages, interest, and additional penalties.

Don’t allow this unlawful act to go unnoticed. You did the work and you deserve fair compensation for a job well done. Our unpaid overtime attorneys and unpaid wage lawyers are standing by, ready to offer trusted legal advice to get you justice today!

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The Mike Hostilo Law Firm can manage your unpaid wage claim, as well as a wide variety of other cases – including car crashes (internal link), trucking accidents (internal link), motorcycle accidents (internal link), Workers’ Comp (internal link) and other accident lawsuits (practice areas page internal link). We are here to help!

Our personal injury law firm proudly serves accident injury victims throughout Georgia, Alabama and South Carolina. We offer trusted legal advice and legal representation for your accident lawsuit.

So, if you’re searching for a trusted personal injury law firm near me to fight for your legal claim, contact The Mike Hostilo Law Firm today!

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