We handle all wage and hour disputes and litigation, including the following:
- Overtime:
- Hourly or “non-exempt” employees who work over 40 hours in a week or eight hours in a day are generally entitled to overtime pay.
- Off-the-Clock Work:
- An employee may be entitled to compensation for work performed before or after a scheduled shift, e.g., time spent preparing for work, working from home, opening or closing a store, and logging in and out of computers.
- Security or “Bag” Checks
- Retail employees who are forced to undergo inspections, or bag checks may be entitled to compensation for time spent in these checks.
- Classified as Exempt or “Salaried”:
- Even if an employee is being paid salary, or classified as “exempt,” if the employee does not qualify for an exemption, he or she may be entitled to overtime and meal and rest breaks.
- Even if a worker is classified as an independent contractor, if that worker is not correctly classified, he/she may still be entitled to overtime and meal and rest breaks.
- Meal and Rest Breaks:
- Hourly employees must be provided with a duty-free meal break of at least 30 minutes no later than the end of the fifth hour of work, and a second meal break no later than the end of the tenth hour of work.
- Hourly employees must be authorized and permitted to take a single 10-minute rest break for a shift from 3.5 to 6.0 hours in length, two 10-minute rest breaks for a shift of more than 6.0 and up to 10.0 hours, and three 10-minute rest breaks for a shift of more than 10.0 hours and up to 14.0 hours
- Expense Reimbursements:
- Employees are generally entitled to be reimbursed for all necessary expenses incurred for work, e.g., tools and uniforms.
- Tip-Sharing:
- Generally, only employees who provide services are entitled to share in the tips. In other words, managers and supervisors are generally not allowed to share in tips.