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 602-776-5961.

Some of our current investigations include:

Employees receiving hazard pay due to Coronavirus
Many companies are now paying their employees working on the front lines of the Coronavirus pandemic hazard pay. However, many employers do not realize that they must incorporate the workers’ hazard pay into their overtime rate for hours worked over 40 in a workweek. For example, if you typically are paid $15 per hour, your overtime rate under normal circumstances would be $22.50 (time and a half your regular hourly rate). However, if you started receiving hazard pay of an additional $3 per hour, for example, that must be factored into your overtime rate. Thus, you should be receiving $27 per hour for overtime (time and a half your regular rate including the hazard pay, $15 for your regular hourly rate plus the $3 in hazard pay for a total of $18 per hour).
Bonnett Fairbourn is currently investigating various businesses who recently started paying their employees hazard pay, to ensure the workers receive their proper overtime rates.
If you have received hazard pay and believe your company has not calculated your overtime rate correctly, you may be entitled to back wages and additional damages. If you believe your wage rights have been violated or would like more information about this investigation, please contact us at 602-776-5961.

Employees required to start wearing PPE as a result of Coronavirus
Many businesses are now requiring employees to wear Personal Protective Equipment (“PPE”) due to Coronavirus. Workers who must wear PPE as part of their work must be compensated for the time it takes to put on this gear and take it off in most circumstances. However, many companies are not requiring or allowing workers to clock in before they put on their PPE and are having them clock out before they take it off. This results in the employee not getting paid for all their compensable time.
Bonnett Fairbourn is currently investigating various companies who are failing to pay employees for the time it takes to put on and take off PPE.
If you are required to wear PPE and not getting paid for the time it takes to put it on or take it off, you may be entitled to back wages and additional damages. If you believe your wage rights have been violated or would like more information about this investigation, please contact us at 602-776-5961.

Not considering bonuses, commissions, and other incentive pay in an employee’s overtime rate
We are currently investigating potential wage violations by companies who fail to factor into an employee’s overtime rate incentive pay that was earned. Many individuals who receive non-discretionary bonuses, commissions, and other incentive pay should have that money calculated into the overtime rate they earn for hours worked over 40 in a workweek. If you are an employee who earns a non-discretionary bonus, commission, or other incentive pay and believe your wage rights have been violated or would like more information about this investigation, please contact us at 602-776-5961.

Misclassification of Workers as Independent Contractors/Independent Distributors/Independent Operators
Just because an employer calls a worker an independent contractor does not make the employee one.  If the worker is economically dependent on the company and the company plays a significant role in controlling the employee’s day-to-day work, the employee is likely entitled to minimum wage for every hour worked and overtime for hours worked over forty in a workweek.   If you are interested in learning more or would like information about this investigation, please contact us at 602-776-5961.

Failing to pay overtime to certain sales people
Our Firm is currently investigating widespread wage violations by many companies regarding their sales employees. There are very strict provisions under the FLSA explaining which employees who earn commissions are actually entitled to overtime. If you are a sales employee who earns a commission and believe your wage rights may have been violated or would like more information about this investigation, please contact us at 602-776-5961.