FLSA and Wisconsin Overtime, Minimum Wage & Unpaid Wage Claims
Every year, scores of workers recover unpaid overtime and minimum wages from employers who short them on their pay. Countless more workers are cheated without ever seeking to recover the wages they rightfully earned. Hawks Quindel’s team of skilled attorneys has helped thousands of workers recover their wages through individual and class action claims brought under the Fair Labor Standards Act (FLSA). We take these claims on a contingent fee basis, meaning we are only paid when you recover your wages.
Helping Wisconsin Employees Recover Lost & Unpaid Wages
Ask Yourself These Questions About How You Are Paid
Wage theft is sometimes obvious and often hidden. If you've been cheated out of tips or commissions, or just did not get paid, a Hawks Quindel wage and hour lawyer can help you recover your lost wages. Often times, it is not so obvious that your wages are being stolen. Below are some questions you can ask to detect more subtle forms of wage theft:
Are you paid for all of the time you spend working?
Are you working during unpaid breaks?
Are you working overtime without any additional compensation?
Are your tips being shared with management?
Does your employer consider you to be an independent contractor?
Does your employer neglect giving you overtime pay for every hour you work over 40 in a week?
Are you paid less than the Wisconsin minimum wage ($7.25) for any portion of your work time?
Are you required to do selected work tasks off-the-clock before you punch in or after you punch out?
Do you have to pool or share your tips in ways that seem unfair?
Are you required to punch out for certain parts of your workday, like travel time?
Do you suspect your employer may be engaging in wage theft by changing or rounding your time records?
Are your lunches automatically deducted from your pay even if you work through them?
If you answered “Yes” to any of these questions, contact an attorney at Hawks Quindel to have an attorney evaluate the strength of your potential claim free of charge.
Common Wage & Hour Claims
While wage and hour claims occur in a variety of situations, the majority fall into one of the following categories:
Unpaid Minimum Wages
Federal and Wisconsin minimum wage laws require employers to pay their employees a minimum wage of $7.25 for each hour worked. Regardless of whether the compensation you receive for your work is a salary, hourly rate plus tips, commissions, a piece rate, a flat rate, or any other pay method, your average hourly pay must be at or above $7.25 per hour in most circumstances. Learn more about Minimum Wage Violations.
Off-the-Clock Work
The most common way employers violate the FLSA and Wisconsin Wage Laws is failing to pay employees for all hours worked; we call this not paying for off-the-clock work. Forcing workers to carry out off-the-clock work duties either before or after their shifts is common practice, but workers can stand up for themselves to receive fair compensation for unpaid overtime. Learn more about Off-the-Clock Work.
Unpaid Overtime Claims
The Fair Labor Standards Act (FLSA) and Wisconsin Wage and Hour laws require employers pay all employees overtime pay at a rate of one and one half the regular rate for all hours worked over 40 hours in a workweek, unless they are specifically exempt from overtime under the law. However, employers frequently misclassify employees as exempt from receiving overtime wages despite the fact their work duties do not fall into one of the exemptions. Learn more about Unpaid Overtime.
Illegal Payroll Deductions
Most employer payroll deductions which bring an employee’s wages below minimum wage are illegal. In addition, an employer cannot make a payroll deduction from an employee’s wages for defective or faulty workmanship, lost or stolen property, or damage to property unless the employee authorizes the payroll deduction in writing after the loss is suffered by the employer. Learn more about Illegal Payroll Deductions.
Improper Classification of Salaried Employees
Even employees who are paid a salary, a piece rate, or commissions are entitled to minimum wage and overtime pay unless their job duties meet certain specific requirements governed by federal law.
Frequently, employees who are being paid a salary have been improperly classified as exempt from overtime wages. Employers also often misclassify employees as “independent contractors.”
While there are many exemptions to federal and state wage and hour laws, only employees whose job duties meet very specific requirements can be denied overtime wages. Learn more about misclassification of salaried employees and wage theft.
Wage Theft
Employers who do not pay their employees all promised wages are engaging in wage theft by stealing money from their employees. Wage theft may be purposeful or accidental; either way, employers owe employees back wages when wage theft is discovered. We specialize in wage theft identification and recovery and can help you decide whether you have been robbed of your wages. Learn more about Wage Theft.
Our Wage & Hour Attorneys Can Evaluate the Strength of Your Claim
Hawks Quindel attorneys have represented thousands of workers seeking unpaid wages and overtime pay. In wage cases, we represent workers seeking unpaid wages or overtime pay on a contingent fee basis, which means your attorney is only paid when you recover your wages. This also means your attorney does not receive any attorney's fees unless he or she gains a recovery for you.
Contact Us
If your employer does not give you overtime pay, or if you think your employer owes you unpaid wages, or if you simply want to confirm you are being paid properly, our Wisconsin wage and hour experts will provide you a free consultation to answer your questions and evaluate your claim.
Please contact Hawks Quindel if you would like to discuss your wage rights under federal FLSA or Wisconsin wage and hour laws. Please call a Madison wage attorney directly at (608) 257-0040 or a Milwaukee wage attorney at (414) 271-8650, or email us via our Contact Page.
