Resolving Wage And Hour Violation Allegations

Wage and hour violations can arise in a variety of contexts and can result in employees losing out on wages they are entitled to by law, and subjecting employers to back-pay liability and civil penalties, even if such violations are not intentional. Violations often occur because an employer fails to have a proper understanding of the laws and regulations governing this area.

At the federal level, the Fair Labor Standards Act (FLSA), 29 U.S.C. §201, regulates employers that engage in interstate commerce. Kentucky also has its own wage and hour laws that are set forth in KRS Chapters 337 and 339. While a majority of employers are subject to the FLSA, if state law provides greater benefits to employees, employers must follow state law in addition to federal law.

Overtime Violations

Since employers are often subjected to both federal and state law, ensuring compliance with both can prove difficult. These laws and regulations can be complex, and violations can occur simply by an employer not understanding its duties and obligations under the law.

A common challenge that occurs is misclassification of employees for exempt status. Misclassification cases involve employers mistakenly classifying certain employees as exempt from overtime and usually involve the "white collar" exemptions. But other exemptions from overtime can also be implicated. Thus, understanding both federal and state wage and hour laws is critical in making exempt status determinations. An experienced attorney counseling you and your company is crucial when making an exempt status determination or defending against a claim arising from a misclassification.

Our firm handles misclassification cases. Our wage and hour attorneys understand how misclassifications can occur, since an overtime exempt-status determination requires an in-depth analysis into the duties of an employee. Whether defending or prosecuting a claim for back pay, our attorneys address the individual needs of each client. In addition to misclassification cases, our attorneys handle a variety of other issues that can arise out of the wage and hour context, even if they occur with less frequency than misclassification. Some of those issues we handle on behalf of our clients are:

  • Independent contractor classification
  • Issues with temporary/leased employees
  • Frequency and timing of payment issues
  • Meal break and break violations
  • Record keeping
  • Minimum wage violations
  • Improper deductions

Wage And Hour Complaints

Prosecution and defense of wage and hour issues present a set of challenges to both employees and employers. Timely action is an essential component to preserve your rights concerning this type of claim. Whether it be proceedings before an administrative tribunal or court, a lawyer advising and working with you is a valuable resource in securing a successful result.

First Steps

If you have a wage and hour issue, our attorneys can advise you on your rights and obligations and assist you in resolving your matter. At The Strause Law Group, PLLC, we provide our clients with both experienced legal counsel and personal service. Please contact us online or call 502-498-8268 or 859-428-7029 to discuss your legal concerns with one of our attorneys.