- (800) 651-4950
- info@wageandhourattorneys.com
- Every Hour Counts. Your Rights, Our Fight.
- (800) 651-4950
- info@wageandhourattorneys.com
-
Every Hour Counts. Your Rights, Our Fight.
The Fair Labor Standards Act (FLSA) is the federal law that guarantees non-exempt employees are paid for every hour they work. In fact, the FLSA mandates that workers receive at least the minimum wage for all hours and overtime pay (time-and-a-half) for any hours over 40 in a week.
Under FLSA, “hours worked” includes all the time an employee is on duty or at a job site, plus any additional time they are allowed (i.e. “suffered or permitted”) to work. There’s no such thing as “volunteering” extra time for free – if you’re working, you should be getting paid.
Key Point: Federal law literally defines “employ” to mean “to suffer or permit to work,” so if your boss lets you do it, it’s considered work time that must be compensated.
Because of this, an employer can’t simply turn a blind eye and accept free labor – the law puts the responsibility on management to prevent off-the-clock work if they don’t intend to pay for it. The regulations even state that having a policy against unauthorized work isn’t enough; if the company benefits from your unpaid time, they must pay you for it.
Failing to do so is a direct violation of the FLSA and can lead to serious trouble. Workers have the right to recover any unpaid wages (and often additional penalties) by filing a complaint with the U.S. Department of Labor or through a lawsuit. In many cases, employers who get caught must pay not only the back wages owed but also liquidated damages equal to those wages as a penalty – essentially doubling the amount the employee is entitled to.
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Let’s look at six specific states regarding its corresponding over time laws.
California’s wage laws are among the toughest in the nation. Not only does California Labor Code § 510 require overtime pay after 8 hours in a single day (not just after 40 in a week), but Labor Code § 1198 and the state’s Industrial Welfare Commission (IWC) wage orders flat-out prohibit employers from asking or expecting you to work off the clock without pay. The California Supreme Court even ruled in Troester v. Starbucks Corp. that every minute of work counts – even those tiny tasks done off the clock (like closing up shop for a few minutes after clocking out) must be compensated. If your boss in California thinks they can squeeze free labor out of you or your co-workers, think again – the law is squarely on your side, and violations can lead to substantial penalties for the company.
New York wage laws mirror the FLSA and even go further to protect workers. Like the federal law, New York requires that you’re paid for every hour on the job and that you receive overtime pay for any hours over 40 in a week. If a New York employer tries to skirt these rules by having you work off the clock, they can face serious consequences – potentially owing all your back wages plus an equal amount in liquidated damages (basically double pay as a penalty). In other words, if you and your co-workers have been putting in unpaid time after hours or through your breaks in NY, you could all be entitled to hefty compensation under state law. No savvy employer in the Empire State should risk a class action lawsuit where they end up paying twice what they tried to save!
New Jersey law keeps it simple: if you do the work, you must get paid for it. In the Garden State, just like under federal law, it’s illegal for an employer to let you work off the clock without compensation. It doesn’t matter if you thought you were just “helping out” or finishing up voluntarily – your time has monetary value, and the law recognizes that. In fact, many New Jersey workers who’ve been shorted on pay have banded together in lawsuits, turning a single employee’s complaint into a big case recovering wages for the whole team. You and your colleagues shouldn’t give your labor away for free – in NJ you have every right to fight back and demand every dollar you earned.
Off-the-clock work is unlawful in Pennsylvania under both federal and state wage laws. Your boss cannot ask you to come in early or stay late to do extra work without paying you for it – and they can’t “allow” you to do it either (even if you offer, it’s still illegal to let you work unpaid). If you’re putting in time beyond what you officially clocked (whether it’s prepping equipment, finishing up paperwork, or cleaning after closing), that must be counted and paid. When employers ignore these rules in PA, workers are entitled to recover all their unpaid wages – and if a lot of employees were affected, a single lawsuit can snowball into a large collective action with substantial payouts for everyone involved.
Illinois workers can’t be asked to donate their labor, either. Under both federal and Illinois state law, it’s flat-out illegal for an employer to have you do pre-shift or post-shift work without pay. Whether it’s putting on protective gear before clocking in or cleaning up your work area after clocking out, if you’re on the job, you must be paid. If your company in Illinois has been making people work off the clock, they could owe a lot in back wages – and they might find themselves facing a major lawsuit by you and your co-workers to recover everyone’s lost pay. You have every right to demand payment for all your time on the job, and Illinois law will back you up.
Florida might not have its own state overtime statute, but that doesn’t mean off-the-clock work gets a free pass. Florida defers to the FLSA – so if it’s illegal under federal law, it’s illegal here too. Employers still must pay at least Florida’s higher state minimum wage for every hour worked, and any unpaid off-the-clock time is considered wage theft, plain and simple. If a boss tries to cut corners by not paying you for all your hours in Florida, you and your co-workers can fight back – you’re entitled to recover your unpaid wages plus an equal amount in penalties (essentially double your money) under the law. Don’t let the Sunshine State vibe fool you: Florida workers have strong rights, and you can take action to get the pay you deserve just like in any other state.
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.
