Investigations

Bonnett, Fairbourn, Friedman & Balint, P.C. is currently investigating industries and employment practices that may be in violation of federal and state minimum wage laws, overtime laws or other employment laws regulating the payment of wages to employees. If you believe that your employer is committing a wage or other workplace violation, please contact us at 602-274-1100 or 800-847-9094.

Some of our current investigations include:

 

Wage Violations against Contract “Document Review” Attorneys
Our Firm is investigating potential wage violations by companies, in particular, law firms and legal staffing agencies, who employ attorneys on a temporary, contract basis for routine document review, and fail to pay these individuals one-and-a-half times their regular hourly rate for hours worked in excess of 40 hours each week as required under the Fair Labor Standards Act (“FLSA”). It is possible that a contract attorney may not be exempt from overtime pay under the FLSA due to the sometimes extremely routine nature of document review. If you have worked as a contract attorney engaged in routine document review and were not paid overtime, and would like more information, please contact us at 602-274-1100 or 800-847-9094.

 

Misclassification of Auditors who are not Certified Public Accountants
We are currently investigating potential wage violations by companies, in particular, public accounting firms, who employ individuals who lack the discretion to be exempt workers, such as auditors who are not certified public accountants. Many individuals working for financial firms, such as some staff accountants, auditors, data entry workers, and accounting clerks, may be entitled to overtime because their jobs lack the discretion necessary to make them exempt workers under the Fair Labor Standards Act. As a result, many such workers may be wrongly classified as “exempt” salaried employees when they should be paid proper overtime compensation for all hours worked in excess of forty (40) hours per week as required by federal wage and hour laws. If you are employed as an auditor, staff accountant, data entry worker, or accounting clerk and believe your wage rights have been violated or would like more information about this investigation, please contact us at 602-274-1100 or 800-847-9094 for a free consultation.

 

Wage Violations involving Tipped Employees
Our Firm is currently investigating widespread wage violations by many companies involving their tipped employees. There are very strict provisions related to overtime, minimum wage, tip credits, and tip pooling for tipped employees under the FLSA. Overtime issues can arise because overtime must be calculated based on the full minimum wage, not the lower direct wage payment. Common minimum wage problems exist where an employee does not receive sufficient tips to make up the difference between the direct wage payment (which must be at least $2.12 per hour) and the minimum wage, where an employee receives tips only, where there are improper deductions for walk-outs, breakage, or cash register shortages, and where the tipped employee is improperly required to contribute to a tip pool that includes employees who do not customarily and regularly receive tips. Furthermore, an employer is also prohibited from using an employee’s tips for any reason other than as a credit against its minimum wage obligation to the employee. If you are a tipped employee and believe your wage rights have been violated or would like more information about this investigation, please contact us at 602-274-1100 or 800-847-9094 for a free consultation.

 

Misclassification of Independent Distributors/Independent Operators
We are currently investigating potential wage violations by companies who contract with workers to deliver products (i.e. baked goods, beverages, etc.) to retail stores, such as supermarkets, food stores, warehouse stores or convenience stores. Many such workers may be wrongly classified as independent contractors or distributors when they are in fact employees who work well in excess of forty (40) hours per week but are not paid proper overtime compensation as required by federal wage and hour laws. If you are interested in learning more or have information about this investigation, please contact us at 602-274-1100 or 800-847-9094 for a free consultation.

 

Wage Violations against Computer and IT Employees
Our Firm is currently investigating widespread wage violations by many companies regarding their wage policies for computer and IT employees. There are very strict provisions under the FLSA explaining which computer and IT employees are not entitled to overtime and many companies violate these rules. For example, computer employees must be paid at least $27.63 per hour or may be paid a salary of $455 per week and must work in software design, systems analysis, or similar areas to be exempt from federal wage protections. If you are a computer or IT employee and believe your wage rights have been violated or would like more information about this investigation, please contact us at 602-274-1100 or 800-847-9094 for a free consultation.

 

California Retailers Must Provide Seats to Employees
Our Firm is currently investigating violations by retailers in California who fail to provide seats to cashiers and certain other employees. Retail and other mercantile businesses in California are required to provide employees with suitable seats if the nature of their work reasonably allows. Even if the nature of the work requires standing, employers in California should provide seats close to the work area for employees to use when it does not reasonably interfere with the performance of their duties. Employees in California denied adequate seating at work may be entitled to monetary compensation and payment of their attorneys’ fees for this violation of their rights at work. If you are interested in learning more or have information about this investigation, please contact us at 602-274-1100 or 800-847-9094 for a free consultation.