Helping Wisconsin Workers Recover the Wages They Earned
Every employee deserves to be paid fairly for the work they perform. Yet minimum wage violations continue to occur across Wisconsin in restaurants, retail stores, delivery services, healthcare facilities, construction companies, and many other industries.
Sometimes the violation is obvious, such as paying workers less than the legal minimum wage. More often, employers use payroll practices that quietly reduce a worker's earnings below what the law requires.
At Hawks Quindel, our minimum wage violations lawyers represent employees throughout Wisconsin in wage and hour disputes, including minimum wage claims under both Wisconsin law and the federal Fair Labor Standards Act (FLSA). For more than 60 years, our attorneys have fought for workers and helped employees recover wages they were legally entitled to receive.
You may be entitled to compensation if your employer required you to work off the clock, made improper deductions from your paycheck, failed to reimburse necessary work expenses, or violated laws governing tipped employees. Unfortunately, many workers do not realize their rights are being violated until months or even years later.
If you believe your employer may have violated minimum wage laws, understanding your rights is the first step toward protecting yourself and recovering unpaid compensation. Reach out today to learn more.
Why You Should Choose Hawks Quindel For Your Minimum Wage Claim
Minimum wage cases are often more complicated than they appear. Employers rarely admit to violating wage laws, and many disputes involve confusing payroll records, timekeeping systems, tip calculations, or deductions that workers may not fully understand.
The employment lawyers at Hawks Quindel have spent more than six decades advocating for Wisconsin workers in employment law matters. Unlike many firms, we do not represent employers. Our focus has always been on helping workers understand and enforce their rights.
As attorney David Zoeller explains:
"We do not represent corporations, and we do not represent the government. We represent the worker against these large, large employers, large government bureaucracies. That's who we are, that's who we've been, going back 60 years."
That worker-focused approach continues to guide our practice today. When you work with Hawks Quindel, you benefit from:
- Attorneys experienced in Wisconsin and federal wage laws
- A firm that represents workers—not employers
- Thorough investigation of payroll and timekeeping records
- Strong negotiation and litigation experience
- Statewide representation from offices across Wisconsin
Sometimes, minimum wage violations affect dozens or even hundreds of employees at a workplace. Our goal is to help workers understand their rights and pursue the compensation they have earned.
What Is Wisconsin's Minimum Wage?
Both Wisconsin law and the federal Fair Labor Standards Act require most employers to pay employees at least a minimum hourly wage.
Currently, Wisconsin's minimum wage is $7.25 per hour, which matches the federal minimum wage. Employers generally must pay employees at least this amount for every hour worked unless a specific exception applies.
While the minimum wage itself may seem straightforward, compliance is often far more complicated. Employers cannot simply look at an employee's hourly rate and determine whether they are complying with the law. Instead, courts and government agencies, such as the Wisconsin Department of Workforce Development, examine the employee's actual earnings after deductions, expenses, unpaid work time, and other factors are considered.
How Minimum Wage Violations Happen
Many workers assume minimum wage violations only occur when an employer pays less than the minimum wage per hour. In reality, employers can violate minimum wage laws in numerous ways, even when an employee's stated hourly rate appears compliant.
Common violations often involve payroll practices that reduce an employee's actual compensation below the legal minimum wage. Potential situations may involve:
- Unpaid work before or after shifts
- Automatic meal break deductions
- Improper paycheck deductions
- Unreimbursed business expenses
- Tip credit violations
- Independent contractor misclassification
We can explain how these violations occur to help our clients identify problems that might otherwise go unnoticed.
Hear From Our Clients
“happy with our settlement”
Bill Parsons and Brook Tylka and the rest of the staff from Hawks Quindel were very helpful with our case. They kept me up to date on the progress of my claim from the very beginning. After our first conciliation, we felt very confident we had the right attorney to...
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Hawks and Quindel are an amazing law firm to deal with. It’s a scary time and everyone there puts you at rest that they have your best interest at heart. They never make you feel like you are bothering them and they kept me in the loop with answers before... “thoroughness, patience, and insight”
I can’t praise Aaron Halstead and Connor Clegg enough for their work on my legal matter. I especially appreciated their thoroughness, patience, and insight. They were always responsive to my questions. They helped me navigate a challenging workplace issue and obtain a good outcome. I would and do recommend them. “highly recommend seeking the services of this firm”
During this very difficult time, the staff at Hawks and Quindel kept me reassured and informed every step of the way. I had the pleasure of working with Attorneys Jessa Victor and Brook Tylka. Jessa, Brook, Matt, and Hadley, thank you for all of your hard work, professionalism and compassion!... “my case was won”
From our first phone call with Donnie Malchow, we knew we'd found the right person to help us. I had filed for disability and been denied. He was willing to walk beside us and thoroughly explain the entire process (lasted over a year and a half) and expectations (gave us... “I would wholeheartedly recommend HQ”
I had another law firm representing me on a non-compete, and when it became clear that I needed new representation, I reached out to Hawks Quindel. Aaron Bibb took my case and he represented me extremely well to an agreeable resolution of the case, and costs were extremely reasonable and... “went above and beyond”
Attorney Halstead and his team went above and beyond to not only win my case, but because of certain circumstances I had going on, they did everything they could to help and rush the settlement through. They were always quick at responding to emails and phone calls with questions I... “I highly suggest this firm”
I can't imagine using any other firm after having Hawks Quindel, they were so knowledgeable and experienced but yet so down to earth to talk with. They kept me informed every step of the way and always answered when I had a question. What a staff, so many great people,... “empathy, intelligence, and professionalism”
I reside in New Mexico but drove a semi-truck coast to coast for an unscrupulous trucking company out of Wisconsin. This logistics company harassed, bullied lied and discriminated against me, keeping my earned wages, and leaving me in a financial hole. Devastated I called and left a message for the... “people treat you like family”
Top notch law firm Jacob and Natalie were my 2 attorneys that represented me on both of my cases? They did a fantastic job. Speaking up for me as they do for thousands of people and especially the little guys down-to-earth, people treat you like family, these people are godsons. “Way beyond my expectations”
Many thanks from my family to all of you at the firm!!! Hawks Quindel, S.C. is the only place I would consider for LTD, disability, SSDI, ERISA, EEOC, DRoW legal help!! Jessa Victor and her team got me all the answers and results when I didn't think it was possible!!!... “His team were patient and professional”
I had the pleasure of being represented by Aaron N. Halstead, Shareholder, on my discrimination case. His team were patient and professional. I would highly recommend this firm for the professionalism and efficiency for working through my case. “If there were 10 stars”
If there were 10 stars I would give them that. There are not enough words to express my gratitude for Aaron, Ben and their team. I felt strong with them behind me. Exceeded expectations is an understatement. “wonderful to work with”
I had mauve she was wonderful to work with! She helped me with my long battle to get SSI and SSDI. Which thankfully I now have! She's a delight and really helps boost anyone's confidents. “Extremely knowledgeable”
I had an incredible experience regarding my workers compensation case with Jakob Feltham! It was my first workers compensation case (*or first case ever), and I didn't know anything about the legalities surrounding my issue, or what I was entitled to? Jake Feltham had ALL my answers, and made it... “I’m happy with the work they did”
They were extremely responsive and good at communication throughout the process. They were accommodating of my disability and explained things well, taking time to answer all my questions. I'm happy with the work they did. Felt like I really had people on my side during a confusing and difficult time. “consistently responsive and professional”
My recent experience with Hawk Quindel, and in particular with John Leppanen in the Milwaukee office. He, was extremely valuable. The support/intake staff responded quickly to my initial inquiry, and John was responsive and made time soon after our initial contact to begin work on my case. John was able... “the best lawyers, trustworthy”
Excellent people, the best lawyers, trustworthy, always seeking the best results in the shortest possible time. I highly recommend them. “Very Helpful”
Eze the intake coordinator was awesome, very helpful and connected me with the right people to help with my situation! Thank you Eze! “Had My Back”
In 2010, I returned home from my second deployment. In 2012, I was told by the VA I couldn’t return to the job I was working at. It is now 2019, and through 7 years of needing legal representation, Hawks had my back through 3 separate issues: short term disability,... “Best Decision”
I really don’t know how to put this in words to express how happy, satisfied, and really just overwhelmed with a sense of justice being handed out on my behalf. This big corporate work comp insurer treated me wrong, but before I decided to give up I contacted Hawks Quindel,... “Highly Recommend”
The attorneys at Hawks Quindel worked tirelessly on my behalf. They were transparent at every step of the way, and answered any questions I had directly and in ways that someone without a legal background could easily understand. Although I would highly recommend them to anyone who is potentially facing... Off-the-Clock Work Violations
One of the most common minimum wage violations occurs when employees perform work that is never recorded or compensated.
Off-the-clock work can take many forms. Some employees are asked to begin working before clocking in or continue working after clocking out. Others are expected to complete paperwork, prepare workstations, attend meetings, answer messages, or perform closing duties without compensation.
Employers cannot generally avoid paying workers simply because the work occurred outside scheduled hours. If the employer knew—or should have known—that work was being performed, that time may need to be compensated.
Examples of potentially compensable work include opening or closing duties, attending mandatory meetings and training sessions, equipment setup and cleanup, and responding to work-related communications outside scheduled hours
Even small amounts of unpaid time can accumulate significantly over months or years of employment. We can review past wage issues to determine the full extent of income you may be missing.
Unpaid Meal Breaks and Automatic Deductions
Many employers automatically deduct meal periods from employee time records. While meal period deductions may be lawful, problems arise when employees are not actually relieved of their work responsibilities during the meal period.
Under Wisconsin law, meal periods generally must meet certain requirements before they can be unpaid. If an employee remains responsible for work duties during the meal period or cannot meaningfully use the time for personal purposes, the employer may still be required to compensate that time.
Common examples include:
- Nurses interrupted by patient care responsibilities
- Retail employees required to remain available for customers
- Manufacturing workers who cannot leave their stations
- Employees who are required to stay on the premises and remain available
Automatic deductions can create significant wage losses when applied improperly over long periods.
Illegal Payroll Deductions
Employers may make certain deductions from employee paychecks, but there are important limits. A deduction that causes an employee's wages to fall below the applicable minimum wage may violate state or federal law.
Problems sometimes arise when employers deduct money for cash register shortages, broken equipment, lost tools or supplies, uniform costs, and required equipment purchases. While every situation is different, employees should not assume that every deduction appearing on a paycheck is lawful.
Delivery Drivers and Unreimbursed Business Expenses
Minimum wage violations frequently affect delivery drivers and other employees who use their personal vehicles for work. When employees incur expenses necessary to perform their job duties, those expenses may effectively reduce their earnings below minimum wage.
For example, delivery drivers may incur substantial costs for gasoline, vehicle maintenance, tires, insurance, and even depreciation. If reimbursement practices fail to adequately compensate employees for those expenses, minimum wage violations may occur.
This issue has become increasingly important as app-based delivery services and delivery-focused businesses continue to expand. If you deliver for a company like Uber Eats or DoorDash, your wages may be reduced improperly. We can review your income to see if your legal rights have been violated.
Why Tipped Employees Face Greater Risks
Tipped employees are among the workers most vulnerable to minimum wage violations. Restaurants, bars, hotels, coffee shops, and delivery businesses often rely on special wage rules that allow employers to claim a "tip credit." Under these rules, employers may pay a lower direct hourly wage and count a portion of the employee's tips toward satisfying minimum wage obligations.
However, employers must comply with strict requirements before using a tip credit. Mistakes involving these rules can create substantial liability for employers and significant wage losses for workers. Because tip-credit rules are highly technical, violations often occur even when employers believe they are complying with the law.
Improper Tip Pooling Arrangements
Many restaurants require employees to participate in tip pools. Tip pooling is not inherently unlawful, but employers must follow specific rules.
Problems can arise when employers include individuals who should not participate in the tip pool. For example, disputes frequently arise when managers, supervisors, or back-of-house employees receive portions of waitstaff tips or when employers retain portions of pooled tips.
Improper tip pooling arrangements can sometimes invalidate an employer's ability to claim a tip credit altogether, potentially increasing the compensation owed to affected workers.
Failure to Provide Proper Tip Credit Notice
Employers who rely on tip credits must generally provide employees with specific notice regarding how the tip credit system works. This notice requirement is often overlooked.
When employers fail to provide proper notice, they may lose their ability to claim a tip credit, even if employees earn substantial tips. In those situations, the employer may become responsible for paying the full minimum wage directly.
Many workers are surprised to learn that paperwork and notice requirements can play such an important role in minimum wage cases. If you are a tipped employee and think you may be losing wages, reach out today.
Misclassification and Minimum Wage Violations
Some employers classify workers as independent contractors when they legally qualify as employees. This distinction matters because independent contractors generally are not covered by minimum wage protections under the FLSA and Wisconsin wage laws.
Employers sometimes assume that labeling someone an independent contractor automatically resolves the issue. It does not. Courts and government agencies typically look at the actual working relationship rather than the title assigned by the employer.
If you have been improperly classified, you may be entitled to protections that the employer previously denied. Share your story with our team, and we can explain more.
What Evidence Can Help Prove a Minimum Wage Violation?
Many workers worry that they cannot prove a wage violation because the employer controls payroll records. Fortunately, employees often possess valuable evidence themselves.
Helpful documentation in your possession may include:
- Pay stubs
- Work schedules
- Timecards
- Text messages
- Emails
- Mileage records
- Tip records
- Personal calendars
- Witness statements
Even informal records can sometimes help establish patterns of unpaid work or improper payroll practices. The sooner evidence is preserved, the easier it often becomes to evaluate potential claims.
What Compensation Can Employees Recover in Minimum Wage Violation Cases?
Employees who prevail in minimum wage cases may be entitled to recover more than just unpaid wages. Depending on the circumstances, available remedies may include:
- Unpaid minimum wages
- Back pay
- Liquidated damages
- Interest
- Attorney's fees and costs
The amount available depends on the specific facts, the applicable law, and the length of the violation. Because many minimum wage violations affect workers over extended periods, the total amount owed can sometimes be substantial.
How the Lawyers at Hawks Quindel Help Workers Recover Unpaid Wages
Our attorneys help workers evaluate potential minimum wage violations and determine whether legal action may be appropriate. Depending on the situation, we may:
- Review payroll records
- Analyze tip-credit practices
- Investigate deduction policies
- Examine reimbursement procedures
- Evaluate independent contractor classifications
- Pursue claims through negotiation or litigation
Attorney David Zoeller explains how Hawks Quindel approaches every case with the intention of achieving the best possible result for the client…
"Our approach is that we're willing to work hard on every single case. We take every case with an intention to win it."
That commitment to preparation and advocacy helps guide our approach to every wage claim we handle.
Frequently Asked Questions About Wisconsin Minimum Wage Violations Claims
Can my employer require me to work before I clock in?
Generally, employees must be compensated for work the employer knows or should know is being performed. Whether a specific situation violates wage laws depends on the facts involved.
Are salaried employees protected by minimum wage laws?
Sometimes. Being paid a salary does not automatically eliminate minimum wage protections. Eligibility depends on job duties and applicable exemptions.
Can I file a claim if I no longer work for the employer?
In many situations, yes. Former employees may still have the ability to pursue wage claims involving past violations.
What if I never kept copies of my pay stubs?
You may still have options. Employers often maintain payroll records, and other forms of evidence may help us establish what occurred.
Speak With Our Wisconsin Minimum Wage Violations Lawyers Today
If you believe your employer failed to pay you the wages required by Wisconsin law or the Fair Labor Standards Act, we can help protect your rights. Understanding your options is the first step toward protecting yourself and recovering compensation that may be owed.
For more than 60 years, the Hawks Quindel team has helped Wisconsin workers stand up to unlawful workplace practices and pursue the wages they earned.
Contact us today by calling our Madison office at (608) 257-0040 or our Milwaukee office at (414) 271-8650, or fill out our confidential contact form.