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Wage and Hour Disputes

You work hard for your money and you deserve to be paid fairly and legally. Unfortunately, sometimes issues arise when it comes to workplace compensation.

At The Crone Law Firm, we come across this problem all the time and have helped thousands of people (and companies) bring about a fair outcome for all. Some of the specific types of wage and hour disputes that employees may encounter are:

  • Unpaid wages: This occurs when an employer fails to pay an employee the full amount of wages that they have earned, such as regular wages, commissions, bonuses, or other forms of compensation. This may also include failing to pay wages on time, issuing bounced checks, or withholding wages for unlawful reasons.
  • Off-the-clock work: This occurs when an employer requires or allows an employee to perform work-related tasks before or after their scheduled hours, or during their unpaid breaks, without compensating them for that time.
  • Misclassification: This occurs when an employer incorrectly classifies an employee as an independent contractor, an exempt employee, or a manager, in order to avoid paying them overtime, minimum wage, or benefits. This may also affect the employee’s eligibility for unemployment insurance, workers’ compensation, or other protections.
  • Tip violations: This occurs when an employer violates the laws regarding tips, such as taking or sharing the employee’s tips, paying the employee less than the minimum wage for tipped workers, or failing to distribute tips in a timely manner.
  • Break violations: This occurs when an employer violates the laws regarding meal and rest breaks, such as failing to provide breaks, interrupting breaks, or deducting break time from the employee’s pay.

However, some employers may accidentally or even intentionally violate the federal and state laws that govern wage and hour issues.

These laws, such as the Fair Labor Standards Act (FLSA), set the minimum standards for minimum wage, overtime pay, tips, breaks, and other aspects of compensation and working conditions.

If your employer has failed to pay you the wages you are entitled to, or has subjected you to unfair or illegal practices, you may have a wage and hour dispute. Wage and hour disputes can take many forms, such as:

  • Failing to pay the minimum wage
  • Failing to pay overtime wages for hours worked over 40 in a week or eight in a day
  • Misclassifying employees as independent contractors, exempt employees, or managers to avoid paying overtime or benefits
  • Deducting the wrong amounts from your paycheck, like uniforms and any equipment you need on a day-to-day basis
  • Not paying you for all the time you spend on work-related activities, such as training, meetings, or travel
  • Forcing you to skip or shorten your meal or rest breaks, or not paying you for breaks that are required by law
  • Taking or sharing your tips, or not paying you the full amount of your tips
  • Retaliating against you for complaining about wage and hour violations, or for exercising your rights under the law

Now let’s focus on some of the relevant laws or acts that govern wage and hour issues in Tennessee, Missouri and Illinois:

  • Fair Labor Standards Act (FLSA): This is the federal law that sets the minimum standards for minimum wage, overtime, child labor, and recordkeeping for most employers and employees in the United States. The current federal minimum wage is $7.25 per hour, and the overtime rate is one and a half times the regular rate for hours worked over 40 in a week. The FLSA also provides exemptions for certain employees, such as executive, administrative, professional, computer, and outside sales employees, who meet certain criteria. The FLSA is enforced by the U.S. Department of Labor (DOL).
  • Tennessee Wage Regulation Act: This is the state law that regulates the payment of wages, deductions, and wage claims in Tennessee. It requires employers to pay employees at least once per month, on a regular payday, and to provide a statement of earnings and deductions. It also prohibits employers from making unauthorized or illegal deductions from wages, such as for cash shortages, uniforms, or equipment. It also provides a procedure for employees to file wage claims with the Tennessee Department of Labor and Workforce Development (TDLWD).
  • Tennessee One Day Rest in Seven Act: This is the state law that requires employers to provide employees with at least one day of rest in every seven-day period, unless the employer obtains a permit from the TDLWD to allow employees to voluntarily work seven days in a row. The law also requires employers to post a notice of the employees’ rights and obligations under the law.
  • Missouri Minimum Wage Law: This is the state law that sets the minimum wage rate for most employers and employees in Missouri. The current state minimum wage is $10.30 per hour, adjusted annually based on the cost of living. The law also provides exemptions for certain employees, such as tipped employees, who receive at least $5.15 per hour in tips, and students, who may be paid 85% of the minimum wage. The law also requires employers to pay overtime at one and a half times the regular rate for hours worked over 40 in a week unless the employee is exempt under the FLSA or the state law. The law also requires employers to keep accurate records of hours worked and wages paid, and to post a notice of the minimum wage law. The law is enforced by the Missouri Department of Labor and Industrial Relations (DOLIR).
  • Missouri Prevailing Wage Law: This is the state law that requires contractors and subcontractors who work on public works projects funded by state or local governments to pay their workers the prevailing wage rates for their trade or occupation in the locality where the project is located. The prevailing wage rates are determined by the DOLIR based on surveys of wages paid on similar projects in the area. The law also requires contractors and subcontractors to submit certified payroll reports to the public body awarding the contract, and to keep records of hours worked and wages paid. The law also provides a procedure for employees to file complaints or claims for unpaid prevailing wages with the DOLIR.
  • Illinois Minimum Wage Law: This is the state law that sets the minimum wage rate for most employers and employees in Illinois. The current state minimum wage is $12.00 per hour, and it will increase gradually to $15.00 per hour by 2025. The law also provides exemptions for certain employees, such as tipped employees, who receive at least $7.20 per hour in tips, and youth workers, who may be paid 50 cents less than the minimum wage. The law also requires employers to pay overtime at one and a half times the regular rate for hours worked over 40 in a week, unless the employee is exempt under the FLSA or the state law. The law also requires employers to keep accurate records of hours worked and wages paid, and to post a notice of the minimum wage law. The law is enforced by the Illinois Department of Labor (IDOL).
  • Illinois Prevailing Wage Act: This is the state law that requires contractors and subcontractors who work on public works projects funded by state or local governments to pay their workers the prevailing wage rates for their trade or occupation in the locality where the project is located. The prevailing wage rates are determined by the IDOL based on collective bargaining agreements or surveys of wages paid on similar projects in the area. The law also requires contractors and subcontractors to submit certified payroll reports to the public body awarding the contract, and to keep records of hours worked and wages.

If you believe that your employer has violated your wage and hour rights, you may be able to recover the unpaid wages, damages, penalties, and attorney fees that you are owed.

A wage and hour attorney can assist you in resolving your wage and hour dispute by:

  • Reviewing your employment contract, pay stubs, time sheets, and other documents to determine if you have a valid claim
  • Calculating the amount of wages, damages, and penalties that you are entitled to under the law
  • Negotiating with your employer or their insurance company to reach a fair settlement
  • Filing a complaint with the U.S. Department of Labor or the state labor agency, which can investigate your claim and order your employer to pay you what you are owed

So, what does this mean for you, and how can we help?

At The Crone Law Firm, we are passionate about defending the rights of employees who have been mistreated by their employers. We have extensive experience and knowledge in handling all types of wage and hour disputes, and we have successfully recovered millions of dollars for our clients. We are not afraid to take on any employer, no matter how big or powerful, and we will fight for you until you get the compensation and justice you deserve.

If you have a wage and hour dispute with your employer, do not hesitate to contact The Crone Law Firm today. We offer a free and confidential consultation, where we will evaluate your case and advise you on the best course of action. We serve clients throughout Tennessee, Missouri, Illinois, and we are ready to help you. Let’s get some justice!

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