Frequently Asked Questions
- How do I enforce my rights?
- How do I bring a lawsuit?
- Do I have to be a current employee to bring a wage and hour suit?
- What do I get if I win?
- Can my employer terminate my employment if I complain?
- How do I pay my lawyers to bring an overtime lawsuit?
- What if I never reported the time or asked for overtime?
- Where can I obtain more information about my wage rights?
Q: How do I enforce my rights?
A: You can either bring a private lawsuit or contact the U.S. Department of Labor. If the Department of Labor investigates your claim, they do not always prosecute it, so filing a complaint with them might not get you paid. If you are interested in having us review your potential claim, please contact us.
Q: Do I have to be a current employee to bring a wage and hour suit?
A: No. You do not have to be a current employee to bring a wage and hour suit. An employee can seek recovery against a former employer for wage violations arising any time in the past two years and in some cases in the past three years.
Q: What do I get if I win?
A: A successful employee can receive double the amount of unpaid wages. Successful plaintiffs are entitled to back pay for all unpaid overtime, usually beginning two years before the complaint is filed. The statute also requires that the employer pay a prevailing employee’s attorneys’ fees.
Q: Can my employer terminate my employment if I complain?
A: No. It is against the law for an employer to take retaliatory action against an employee in response to an employee exercising a legal right such as seeking overtime pay.
Q: How do I pay my lawyers to bring an overtime lawsuit?
A: Our firm typically takes unpaid wage cases on behalf of employees on a contingency fee basis, meaning that only plaintiffs who recover money are obligated to pay attorney’s fees. In addition, successful plaintiffs are usually entitled to have their attorney’s fees paid for by their employer who violated the law, including in cases that settle.
Q: What if I never reported the time or asked for overtime?
A: It probably doesn’t matter. It is the employer’s obligation to keep track of overtime, and if the employer does not have records, the employee’s own credible testimony about the hours worked may be sufficient evidence to support the claim.
Q: Where can I obtain more information about my wage rights?
A: A good place to start obtaining more information about your wage rights is the Department of Labor. Helpful information is available on the Department of Labor’s website, www.dol.gov/fairpay. You can also contact our office for a confidential consultation.