Federal wage and hour lawsuits have been on the rise for the past seven years. This is a concerning trend indicating that more and more employers could be violating laws. In 2014 there were about 7,500 cases filed nationwide alleging violations under the Federal Fair Labor Standards Act (FLSA). This figure went up by almost ten percent to 8,160 in 2015.
The FLSA protects employees against being paid an unfair wage and requires that employers maintain certain work conditions such as offering breaks for meals. The law also mandates the federal minimum wage. It specifies how many hours an employee can be required to work, and it provides guidance regarding when employees must be paid overtime wages.
Variants of Wage and Hour Disputes
When employees bring wage and hour lawsuits, they generally fall into one of three categories: hourly workers who allege that they have not been compensated for all the hours worked, salaried employees who state they are entitled to overtime pay or they have been misclassified as independent contractors, or restaurant workers who claim that the employer did not pay them additional wages when their tips combined with their hourly pay do not reach the federal minimum wage.
In past cases, employees have claimed that the employer shaved time off of the amount of time an employee worked, or they have claimed violations concerning the mandated meal period. More senior restaurant workers have also argued successfully that they were not managerial and therefore eligible to receive tips under the FLSA. More basic cases pursue whether workers have been paid a minimum wage for their work.
There are numerous reasons for the uptick in the number of FLSA cases. One reason could be that the statute is inherently ambiguous and even some well-intentioned employers can get caught with an unexpected violation. Additionally, technology has begun to blur the lines of when an employee is on the clock and therefore entitled to compensation.
Cherry Hill Wage and Hour Lawyers at McOmber McOmber & Luber, P.C. Fight for Fair Compensation
If you or someone you know believes that they are entitled to more wages or better work conditions, seek the counsel of the experienced Cherry Hill employment lawyers at McOmber McOmber & Luber, P.C. Contact our offices in Marlton, New Jersey or Red Bank, New Jersey where we serve clients throughout the state. Call toll free at 888-396-0736 or at 732-842-6500, or contact us online.