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Every Hour Counts. Your Rights, Our Fight.
Under the federal Fair Labor Standards Act (FLSA), most non-exempt workers are legally entitled to “time and a half” pay—that’s 1.5 times your regular hourly rate—for all hours worked over 40 in a workweek. Employers who fail to pay proper overtime are violating federal law, period.
This includes misclassifying workers as “exempt” or salaried without meeting the legal requirements. If your employer is not paying overtime after 40 hours, they could owe you significant compensation.
Key Point: Think you’re on salary and can’t get overtime? Think again—many salaried workers are actually owed thousands. If you’re working extra hours for free, you’re basically giving your boss a donation. We help you get it back—with interest.
Tell us about your case.
Let’s look at six specific states regarding its corresponding over time laws.
California’s minimum wage is much higher than the federal rate, and it increases every year. Employers must pay the higher state rate if it applies. California law also requires that all hours worked be paid, and off-the-clock work is strictly prohibited. If your employer in California is paying less than the state minimum, or not paying for all hours worked, you can recover the difference plus penalties.
New York’s minimum wage is also higher than the federal rate, and it varies by region. Employers must pay the highest applicable rate. New York law is strict about paying for all hours worked, and violations can result in double damages. If you’re in New York and not getting the right minimum wage, you can file a claim for back pay and penalties.
New Jersey’s minimum wage is among the highest in the country. Employers must pay the state rate, and wage theft laws are strictly enforced. Off-the-clock work and illegal deductions are also prohibited. If you’re not getting paid the New Jersey minimum wage, you can recover the difference plus damages and penalties.
Pennsylvania follows the federal minimum wage, but state law also protects workers from wage theft and off-the-clock work. Employers who violate these rules can be required to pay back wages and penalties. If you’re in Pennsylvania and not getting paid for all hours worked, you can file a claim for back pay and damages.
Illinois has a higher minimum wage than the federal rate, and employers must pay the higher amount. State law also prohibits wage theft and off-the-clock work. If you’re not getting paid the Illinois minimum wage, you can recover the difference plus penalties and damages.
Florida’s minimum wage is higher than the federal rate and is adjusted annually. Employers must pay the higher state rate. Florida law also prohibits wage theft and off-the-clock work. If you’re not getting paid the Florida minimum wage, you can file a claim for back pay and double damages.
You worked the hours—now let’s get you paid. If you think you’re missing overtime pay, you’re probably right—and it’s time to do something about it. You have nothing to lose—except unpaid wages your employer is hoping you never claim.
Fill out the quick form on this page or call us now for a free, confidential consultation. You might think it’s just you, but we’ve seen it again and again—when one worker’s being shorted, dozens more are too. That’s how class and collective actions begin. By taking the first step, you could recover thousands for yourself and help your coworkers too.
¡Hablamos Español! We proudly serve both English- and Spanish-speaking workers. If you’re more comfortable in Spanish, let us know—we’re here for you.
We believe every worker deserves fair compensation for their labor. Our mission is to hold employers accountable and ensure employees receive the wages they’ve earned.
Our attorneys have recovered millions in unpaid wages for employees across all industries.
We work on a contingency basis, meaning you don't pay unless we win your case.
We take the time to understand your unique situation and develop a tailored legal strategy.
At Wage & Hour Attorneys, you will work with top notch and experienced attorneys. We will do whatever it takes to help you win your case. However, each case is unique and results will vary accordingly.
That’s the key question, and I can see why you’re asking it. It’s stressful to wonder whether your rights have been violated.
Whether you have a case depends on the specifics. There are a few important things we need to see: whether the treatment you experienced was on account of one of the protected characteristics (like race, gender, age, disability, etc.), whether you can prove that connection, and whether the action (for example, termination or demotion) was a direct consequence.
I can’t figure that out right now, but it’s part of my job to understand your situation and reason it out with you. If you would like to tell me what happened, I can give you my first, honest impression, and we can figure out if this is worth pursuing.
Step 1: Internal Action (Optional, but Often Recommended)
Action: Report the discrimination to your employer through its official channel, usually HR, using the process outlined in the employee handbook.
Step 2: Consult an Attorney (Highly Recommended)
Action: Speak with an employment discrimination lawyer.
Why: An attorney can assess the strength of your case, advise you on the process, and help you avoid critical mistakes. Most offer free or low-cost initial consultations.
Step 3: File an Administrative Charge (Mandatory)**
Action: Before you can sue, you must file a “charge of discrimination” with a government agency.
Equal Employment Opportunity Commission (EEOC): The federal agency.
Step 4: Agency Investigation
Action: The agency (EEOC or state) will notify your employer and investigate your claim. This may involve requesting documents, interviewing witnesses, and seeking a response from the employer.
Potential Outcomes: Settlement/Mediation: The agency may offer voluntary mediation to resolve the case early.
Step 5: File a Lawsuit (If Necessary)
Action: Once you receive your “Right-to-Sue” letter, you have **90 days** to file a lawsuit in federal or state court.
Why: The vast majority of cases that reach this stage do not go to trial. They are resolved through:
Settlement: The parties agree on a financial or other resolution.
That expression gets thrown around quite a bit, but it has a particular meaning in law. I apologize for your predicament; it must be uncomfortable, and no one deserves to be in that situation.
A ‘hostile work environment’ legally constitutes part of harassment that is so severe or so pervasive that it creates an abusive environment and alters your workplace conditions. It is more than just a few random occurrences or a manager being occasionally unpleasant.
For it to be illegal, the hostility has to be endured is on the basis of your race, sex, religion, or another protected trait. The law allows consideration of the frequency of the actions, the severity, and whether it was physically threatening or humiliating and whether it unreasonably interfered with your work.
To illustrate, a person may be harassed by the use of racial slurs, and a woman may be harassed by derogatory and demeaning remarks, and a person with a disability may be harassed by being relentlessly ridiculed for the disability. I can assist you in determining whether what you have faced legally constitutes harassment if you feel comfortable describing it.
Our offices are opened during regular business hours; however, our support staff and attorneys are mostly available 24 hours.
It’s perfectly normally to feel overwhelmed and confused. If you’re not sure what to do, speak with one of our attorneys. We will guide you and provide some next steps if you choose to work with our firm.
Very good question, and it’s one we hear frequently. The law can be quite particular here.
Adverse employment decisions, such as termination, failure to promote, or harassment, are motivated by an employee’s protected characteristic, and, thus, constitute illegal employment discrimination. Under federal law, these protected categories are: race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 and older), disability, and genetic information.
It is also essential to understand the distinction from general unfairness. A manager can be unfair, make poor business decisions, or be a difficult person to deal with, and that does not constitute illegal discrimination. The key here is purpose. Was the negative action taken because of who you are? That is what we would have to investigate.
I apologize to hear about your termination. Facing such an event can be tough and discomforting. It is entirely reasonable to investigate the factors that might have led to your separation.
Considering the reasons that do not relate to performance are sometimes discriminatory, performance reasons are usually the most common explanation given by employers. We look for ‘red flags’ that suggest the alleged performance issue is a pretext. These would be:
Inconsistency: Did evaluators suddenly change their view regarding your contribution to the organization after a series of positive reviews?
Comparators: Were employees and managers outside your protected category and similar performance issues treated more favorably?
Timing: Did the termination occur immediately after you disclosed a pregnancy, requested a disability accommodation, or complained about harassment?
Procedural Irregularities: Did the company fail to follow its own written disciplinary process?
These are the primary questions I would investigate. If you have documentation of good performance or have witnessed these ‘red flags’, this would be a good sign that merits further investigation.
