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Wage and Hour Lawyers

We have the experience to analyze the facts and decipher what you may be owed in back pay and damages...

At The Law Offices of Peter T. Nicholl, we work to inform workers of their rights and help them reclaim what they are owed. Our attorneys look at each case individually and critically to ensure the best outcome for our clients against a wide range of employers and issues.

Some common issues include:

  • Unpaid Overtime
  • Unpaid Wages
  • Minimum Wage Violations
  • Independent Contractor Issues
  • Misclassifications

For more information on issues, qualifying for overtime, or calculating your lost wages, see our additional pages.

We’ll fight for you, against even the largest companies M&T Bank, Ashley Furniture, Maryland Live! Casino, Johns Hopkins University.

Many employees in the workforce are unsure about their eligibility to receive overtime for their hours worked beyond forty (40) in a work week. One of the most confusing aspects of the criteria is when an employee is classified or labeled as a “salaried” worker. Some employers do not understand the definition and application of the term “salaried,” while others use the term to intentionally mislead their employees into thinking they are not eligible for overtime. No matter what you have been told by your employer, the Fair Labor Standards Act (“FLSA”) determines eligibility for overtime based on what you do, regardless if your employer has told you that you are not eligible for overtime because you are “salaried.”

You likely will qualify for overtime unless you:

  • Supervise 2 or more employees.
  • Have input on disciplinary actions and the authority to hire and/or fire other employees.
  • Spend the majority of your day managing a division, department or operation.
  • Have an advanced degree (beyond 4 year college degree) that is critical to your job.
  • Are employed as a teacher, lawyer, doctor, scientist, registered nurse or engineer.
  • Make an annual salary of one hundred thousand dollars ($100,000.00) or more.

If none or only a few of the preceding disqualifiers apply to you, there is a significant probability you are eligible for overtime. You should proceed to our Overtime Calculator to determine the potential amount of your lost pay. If you still have questions, or need additional information, contact one of our attorneys for a confidential and no cost consultation at your convenience.

There are no fees or expenses unless we make a recovery for you!

Calculator

The Law Offices of Peter T. Nicholl would like you to see how much money you may be losing by not being paid for overtime hours you work. The overtime calculator approximates your potential recovery against your present or past employer(s) should you choose to pursue what may be owed to you, and is based on several necessary assumptions.

It is important to note when you input your average weekly hours worked over 40, you include overtime work completed off your employer’s premises as well as in the office (refer to “24/7” and “Off The Clock” sections).



Based on 40 hours a week and 52 weeks in a year


*We understand overtime hours may vary each week.


Input how long you have been working overtime and not getting paid for it. The Fair Labor Standards Act allows you to go back a maximum of 3 years.



The Fair Labor Standards Act allows for a penalty of double the total amount of unpaid overtime.


The Fair Labor Standards Act prohibits an employer from firing or discriminating against an employee for filing a lawsuit to recover unpaid minimum and/or overtime wages owed to the employee. If an employer is found liable for retaliation, the employer may be required to pay additional damages.

There are no fees or expenses unless we make a recovery for you!

Failure to pay qualified employees overtime for hours worked is a violation of federal and/or state statues. The amount of money owed to you can be substantial. Your employer has responsibility to keep track of all hours worked (whether on or off premises) and pay you in accordance with the Fair Labor Standards Act. Please consult with one of our attorneys at your convenience.

The calculator is designed to be a general informational and educational tool only, and when used alone, does not constitute legal advice. This calculator is provided as an approximate calculation. Each person will have various circumstances directly affecting the actual compensation owed, if any. The Law Office of Peter T. Nicholl is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided by this tool, and you should not make any decision regarding your legal rights prior to discussing your particular circumstances with an attorney.

Mitchell Beverage

A Complaint on behalf of a Warehouse Supervisor was filed against Mitchell Beverage (aka Chesapeake Beverage), seeking overtime pay under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges individual causes of action. Specifically, the employee alleged that Mitchell beverage misclassified him as “salaried” which resulted in him not being paid properly for overtime when he worked in excess of forty (40) hours in a workweek. The employee in question was scheduled to work well over forty (40) hours per workweek. Under the FLSA, as a non-exempt employee, he should have been compensated at an overtime rate of time and a half (1.5) their regular rate of pay.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that an employer willfully violated the law, the statute of limitations may be extended to three (3) years.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that the employee would be entitled to double damages for the monies he is potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our client. To learn more about this type of case, check our “Misclassified as Salaried” page. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Kennedy Krieger Institute, Inc.

A Complaint was filed against Kennedy Kriegery Institute, Inc. (hereinafter “KKI”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleged that KKI did not compensate their employees properly for all hours worked and for overtime when they worked in excess of forty (40) hours in a workweek. The employee in question performed work as a “Care Center Specialists” and was responsible for manning the front desk, as well as other clerical duties, for one of KKI’s seventeen (17) Maryland facilities.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that an employer willfully violated the law, the statute of limitations may be extended to three (3) years.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint sought liquidated damages, meaning that KKI employees would be entitled to double damages for the monies they were potentially owed.

To learn more about these types of investigations, check our “Off the Clock” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Crisak, Inc.

A Complaint was filed against Crisak, Inc. (hereinafter, “Crisak”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleged that Crisak “misclassified” certain employees as salaried workers, which resulted in these employees to not be paid properly for overtime when they worked in excess of forty (40) hours in a workweek. The employees in question were scheduled to work well over forty (40) hours per workweek. Under the FLSA, as non-exempt employees, the employees should have been compensated at an overtime rate of time and a half (1.5) his regular rate of pay. The employees in question were employed as Superintendents of a commercial remodeling project.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that an employer willfully violated the law, the statute of limitations may be extended to three (3) years.

Because misclassifying an employee is a violation of the FLSA, the Complaint sought liquidated damages, meaning that Crisak employees would be entitled to double damages for the overtime payments they were potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employees in this particular case oversaw the labor performed by various subcontractors as employees of the general contractor.

To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Schmidt Baking Company, Inc.

A Complaint was filed against Schmidt Baking Company, Inc. (hereinafter, “Schmidt”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleged that Schmidt “misclassified” certain employees as salaried workers, which resulted in these employees to not be paid properly for overtime when they worked in excess of forty (40) hours in a workweek. The employees in question were scheduled to work well over forty (40) hours per workweek. Under the FLSA, as non-exempt employees, the employees should have been compensated at an overtime rate of time and a half (1.5) his regular rate of pay. The employees in question were employed as District Managers.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that an employer willfully violated the law, the statute of limitations may be extended to three (3) years.

Because misclassifying an employee is a violation of the FLSA, the Complaint sought liquidated damages, meaning that Schimdt’s employees would be entitled to double damages for the overtime payments they were potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employees in this particular case oversaw specified delivery routes and trucks.

To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

A&S Services Group, LLC.

A Complaint was filed against Schmidt Baking Company, Inc. (hereinafter, “A&S”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleged that A&S failed to pay their employees overtime for all hours worked in excess of forty (40) each week. The employees in question were scheduled to work well over forty (40) hours per workweek. Under the FLSA, as non-exempt employees, the employees should have been compensated at an overtime rate of time and a half (1.5) his regular rate of pay. The employees in question were employed as Yard Jockeys at various distribution centers.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that an employer willfully violated the law, the statute of limitations may be extended to three (3) years.

Because misclassifying an employee is a violation of the FLSA, the Complaint sought liquidated damages, meaning that A&S employees would be entitled to double damages for the overtime payments they were potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employees in this particular case moved products around the distribution centers.

To learn more about these types of investigations, check our “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Jiffy Lube

A Complaint was filed against J.W. Lube, Inc, T/A Jiffy Lube # 722 (hereinafter “J.W.”), and P&P Lube, Inc., T/A Jiffy Lube #27 (hereinafter “P&P”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that J.W. and P&P did not compensate their employees properly for overtime when they worked in excess of forty (40) hours during a workweek. These employees held the titles of “Lube Technicians” “Customer Service Advisors” “Shop Foremen” and “Assistant Managers.”

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that J.W. and P&P willfully violated the law, the statute of limitations may be extended to three (3) years. Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that J.W. and P&P employees could be entitled to double damages for the overtime wages they are potentially owed.

To learn more about these types of investigations, check our “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Sigma Security, LLC

A Complaint was filed against Sigma Security, LLC (hereinafter “Sigma”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Sigma did not compensate their employees properly for overtime when they worked in excess of forty (40) hours during a workweek. The employees held the title of “Security Guard”.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that Sigma willfully violated the law, the statute of limitations may be extended to three (3) years. Since failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that the Sigma employees could be entitled to double damages for the overtime wages they are potentially owed.

To learn more about these types of investigations, check our “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation. Keep in mind that the time you have to file a potential claim is limited.

Aspen Street Recycling, Inc.

A Complaint was filed against Aspen Street Recycling, Inc., (hereinafter “Aspen”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Aspen did not compensate their employees properly for overtime when they worked in excess of forty (40) hours during a workweek. These employees worked as “Machine Operators ”.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that Aspen willfully violated the law, the statute of limitations may be extended to three (3) years.

Since failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that the Aspen employees could be entitled to double damages for the overtime wages they are potentially owed.

To learn more about these types of investigations, check our “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation. Keep in mind that the time you have to file a potential claim is limited.

Beltway Builders, Inc.

A Complaint was filed against Beltway Builders, Inc. (hereinafter “Beltway”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Beltway did not compensate their employees properly for overtime when they worked in excess of forty (40) hours during a workweek. These employees worked as “Machine Operators ”.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that Beltway willfully violated the law, the statute of limitations may be extended to three (3) years. Since failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that the Beltway employees could be entitled to double damages for the overtime wages they are potentially owed.

To learn more about these types of investigations, check our “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation. Keep in mind that the time you have to file a potential claim is limited.

Capital Messengers, Inc.

A Complaint was filed against Capital Messengers, Inc. (hereinafter “Capital Messengers”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Capital Messengers did not properly compensate him for overtime when he worked in excess of forty (40) hours in a workweek. Capital Messengers allegedly disguised this under a “daily flat rate” pay scheme. The employee in this case worked as a “Delivery Driver”

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that Capital Messengers willfully violated the law, the statute of limitations may be extended to three (3) years.

Since failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that the Capital Messengers employee could be entitled to double damages for the overtime wages he is potentially owed.

To learn more about these types of investigations, check our “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation. Keep in mind that the time you have to file a potential claim is limited.

Alogos, Inc., T/A of The Horse You Came in On Saloon

A Complaint was filed against Alogos, Inc., T/A of The Horse You Came in On Saloon (hereinafter “Alogos”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Alogos did not compensate its employee properly for overtime when he worked in excess of forty (40) hours during a workweek. The employee held the titles of “Line Cook” and/or “Kitchen Manager”.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that Alogos willfully violated the law, the statute of limitations may be extended to three (3) years.

Since failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that the Alogos employee could be entitled to double damages for the overtime wages he is potentially owed.

To learn more about these types of investigations, check our “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation. Keep in mind that the time you have to file a potential claim is limited.

L&J Waste Recycling, LLC

A Complaint was filed against L&J Waste Recycling, Inc., (hereinafter “L&J”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that L&J did not compensate its employee properly for overtime when he worked in excess of forty (40) hours during a workweek. The employee held the title of “Plant Foreman”.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that L&J willfully violated the law, the statute of limitations may be extended to three (3) years.

Since failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that the L&J employee could be entitled to double damages for the overtime wages they are potentially owed.

To learn more about these types of investigations, check our “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation. Keep in mind that the time you have to file a potential claim is limited.

Maryland Department of Transportation & Maryland State Highway Administration

A Complaint was filed against Maryland Department of Transportation (hereinafter “MDOT”) and Maryland State Highway Administration (hereinafter “MSHA”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that MDOT and MSHA did not properly compensate its employee when he worked in excess of forty (40) hours in a workweek. The employee in this particular case held the titles of “Program Manager I/Regional Manager”.

The Complaint alleges that the employee was misclassified as an exempt salaried employee. Even though the employee was given a sophisticated job title and salary, the Complaint alleges that he was performing non-exempt work that consisted primarily of driving an emergency response truck and assisting emergency responders with traffic control. According to the FLSA, an employee’s job duties, NOT his or her title or salary, determines whether or not overtime is owed. Consequently, the Complaint alleges that the nature of the duties performed by the employee entitled him to overtime wages.

Because misclassifying an employee is a violation of the FLSA, the Complaint seeks liquidated damages, meaning that the MDOT & MSHA employee could be entitled to double damages for the overtime payments he is potentially owed.

To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation. Keep in mind that the time you have to file a potential claim is limited.

Federal Express Corporation

A Complaint was filed against Federal Express Corporation (hereinafter “FedEx” seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in the United States District Court for the District of Maryland and alleges that FedEx did not properly compensate its employee for overtime when worked in excess of forty (40) hours in a workweek. The employee in this particular case held the title of “Security Specialist III” and “Senior Security Specialist”.

The Complaint alleges that the employee was misclassified as an exempt salaried employee. Even though the employee was given a sophisticated job title and salary, the employee in this case performed duties of a security guard, that consisted primarily of servicing and maintaining the safety and security needs of employees, customers and assets and being on call handling security issues even after work hours. According to the FLSA, an employee’s actual duties, NOT his or her job title, or salary determine whether an employee is exempt from the overtime requirements. Consequently, the Complaint alleges that the nature of the duties performed by the employee entitled him to overtime wages.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that the FedEx employee would be entitled to double damages for the wages he is potentially owed.

To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim. Keep in mind that the time you have to file a potential claim is limited.

West Patapsco Industrial Park, Inc.

A Complaint was filed against West Patapsco Industrial Park, Inc., (hereinafter “WPIP”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that WPIP did not compensate its employee properly for overtime when he worked in excess of forty (40) hours during a workweek. The employee held the titles of “Security Guard” and “Office Clerk”.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that WPIP willfully violated the law, the statute of limitations may be extended to three (3) years.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that the WPIP employee could be entitled to double damages for the overtime wages he is potentially owed.

To learn more about these types of investigations, check our “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation. Keep in mind that the time you have to file a potential claim is limited.

Riverside Pub & Grille

A Complaint was filed against Riverside Pub and Grille, Inc. (hereinafter “Riverside”) seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Riverside did not properly compensate its employee when he worked in excess of forty (40) hours in a workweek. The employee in this particular case held the title of “Cook”.

The Complaint alleges that the employee was misclassified as an exempt salaried employee. According to the FLSA an employee’s actual duties, NOT his or her job title, determine whether an employee is exempt from the overtime requirements. The employee in this case performed non-exempt work, which consisted of preparing and cooking food and organizing the kitchen. Consequently, the Complaint alleges that the nature of the duties performed by the employee entitled him to overtime wages.

Because misclassifying an employee is a violation of the FLSA, the Complaint seeks liquidated damages, meaning that the Riverside employee could be entitled to double damages for the overtime payments he is potentially owed.

To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation. Keep in mind that the time you have to file a potential claim is limited.

New Day USA

A Complaint was filed against New Day USA (hereinafter, “New Day”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that New Day “misclassified” some of their employees as salaried workers, which resulted in the employees to not be paid properly for overtime when they worked in excess of forty (40) hours in a workweek.

Because misclassifying an employee is a violation of the FLSA, the Complaint seeks liquidated damages, meaning that the New Day employees would be entitled to double damages for the overtime payments they are potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employees in this particular case held the title of “Account Executives.”

To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

NPL Construction Company

A Complaint was filed against NPL Construction Company (hereinafter, “NPL”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that NPL “misclassified” some of their employees as salaried workers, which resulted in the employees to not be paid properly for overtime when they worked in excess of forty (40) hours in a workweek.

Because misclassifying an employee is a violation of the FLSA, the Complaint seeks liquidated damages, meaning that the NPL employees would be entitled to double damages for the overtime payments they are potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employees in this particular case held the title of “Administrative Assistant.”

To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Moran Towing Corporation

A Complaint was filed against Moran Towing Corporation (hereinafter, “Moran”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Moran “misclassified” some of their employees as salaried workers, which resulted in the employees to not be paid properly for overtime when they worked in excess of forty (40) hours in a workweek.

Because misclassifying an employee is a violation of the FLSA, the Complaint seeks liquidated damages, meaning that the Moran employees would be entitled to double damages for the overtime payments they are potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employees in this particular case held the title of “Dispatchers.”

To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Accel Heating and Cooling

A Complaint was filed against Accel Heating and Coolin (hereinafter “Accel”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Accel did not compensate their employees properly for overtime when they worked in excess of forty (40) hours during a workweek. The Complaint also alleges that Accel failed to compensate their employees for the “off the clock” work they performed. These employees were employed as “Technicians.”

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that Accel employees would be entitled to double damages for the monies they are potentially owed.

To learn more about these types of investigations, check our “Off the Clock” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

M&T Bank

A Complaint was filed against M&T Bank seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in the United States District Court for the District of Maryland and alleges that M&T Bank did not properly compensate its employees for overtime when they worked in excess of forty (40) hours in a workweek. These employees worked as Enhanced Due Diligence Investigators (hereinafter, “Investigators”).

The Complaint alleges that the Investigators were misclassified as exempt salaried employees. Even though these employees were given sophisticated job titles and salaries, the Complaint alleges that they were performing non-exempt work that consisted primarily of data entry. According to the FLSA, an employee’s job duties, not his or her title or salary, determines whether or not overtime is owed. Consequently, the Complaint alleges that the nature of the duties performed by the Investigators entitled them to overtime wages.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that M&T employees could be entitled to double damages for the wages they are potentially owed. You may be able to join this lawsuit if you work or have worked as an Enhanced Due Diligence Investigator for M&T in the past three (3) years.

To learn more about these types of investigations, check our “Unpaid Overtime” and “Misclassified as Salaried” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation. Keep in mind that the time you have to file a potential claim is limited.

Easy Rest Adjustable Sleep Systems

A Complaint was filed against M&M Bedding, LLC, a subsidiary of Easy Rest Adjustable Sleep Systems (hereinafter, “Easy Rest”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleged that Easy Rest “misclassified” certain employees as salaried workers, which resulted in these employees to not be paid properly for overtime when they worked in excess of forty (40) hours in a workweek. The employees in question were scheduled to work well over forty (40) hours per workweek. Under the FLSA, as non-exempt employees, the employees should have been compensated at an overtime rate of time and a half (1.5) their regular rate of pay. The employees in question were employed as “Take Over Associates” and “Executive Sales Managers.”

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that an employer willfully violated the law, the statute of limitations may be extended to three (3) years.

Because misclassifying an employee is a violation of the FLSA, the Complaint sought liquidated damages, meaning that Easy Rest employees would be entitled to double damages for the overtime payments they were potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employees in this particular case supported outside sales representatives by reading through scripted conversations with either the sales representative or the client in order to attempt to make the sale.

To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Maryland Live! Casino

A Complaint was filed against PPE Casino Resorts Maryland, LLC (hereinafter, “Maryland Live!”) seeking compensation under the Fair Labor Standards Act (hereinafter, “FLSA”) and the Maryland Wage Payment and Collection Act (hereinafter, “MWPCA”) for work performed while attending pre-employment instructional sessions for twelve (12) weeks. The Complaint was filed in Federal Court in the District of Maryland and alleges that Maryland Live! did not compensate its trainees for the time they spent in the training course to learn the skills needed to perform work as a dealer at Maryland Live!. The Complaint alleges individual and collective causes of action.

Because failing to pay trainees for the time they spend in a training course can constitute a violation of the FLSA, the employees are seeking liquidated damages, meaning that Maryland Live! employees would potentially be entitled to double damages for the monies they are potentially owed. In addition, the Complaint also seeks treble damages under the MWPCA, meaning that Maryland Live! employees could potentially be entitled to triple damages due to not receiving any pay for the time they spent in the training course.

To learn more about these types of investigations, check our “Unpaid Intern” and “Minimum Wage” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

MedStar Health, Inc.

A Complaint was filed against MedStar Health, Inc. (hereinafter, “MedStar”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in the United States District Court for the District of Maryland and alleges that MedStar did not compensate their security staff for all hours worked and for overtime when they worked in excess of forty (40) hours in a workweek. The Complaint alleges that this was the direct result of understaffing at MedStar’s Franklin Square Medical Center. It is alleged that understaffing prevented security staff from taking their scheduled breaks. Although members of the security staff were prevented from taking their breaks, it is alleged that their hours were reduced for the supposed breaks. It is alleged that these deductions were improper as a result of no breaks actually being taken. It is alleged that this had a direct impact as to why members of security staff consistently worked in excess of forty (40) hours per week, but were denied overtime pay.

MedStar is a large corporation with various locations throughout the Baltimore/Washington region. Their services range from small urgent care clinics to large, full service hospital centers. Due to the nature of the healthcare industry, which often requires twenty-four (24) hour access in order to accommodate the needs of both patrons and visitors, it is a common requirement that security personnel are staffed at all times. As alleged in the Complaint, MedStar’s Franklin Square Medical Center maintains this pay policy.

In addition to MedStar’s Franklin Square Medical Center, MedStar Good Samaritan Hospital, MedStar Harbor Hospital, MedStar Montgomery Medical Center and MedStar Southern Maryland Hospital Center are other large MedStar facilities. These facilities operate twenty-four (24) hours a day. These circumstances require security personnel to remain on site during daytime, evening and overnight shifts.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that MedStar employees could be entitled to double damages for the wages they are potentially owed. While you will be unable to join this lawsuit unless you currently work or worked previously at Franklin Square Medical Center, you may have a potential claim that could be brought in another case if you work or have worked at one or more of the other MedStar locations as a security officer.

To learn more about these types of investigations, check our “Off the Clock” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation. Keep in mind that the time you have to file a potential claim is limited.

Mobile Dredging and Pumping Company & Carylon Corporation

A Complaint was filed against Mobile Dredging and Pumping Company and Carolyn Corporation (hereinafter collectively, “Mobile Dredging”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Mobile Dredging did not compensate their employees for all hours worked and for overtime when they worked in excess of forty (40) hours in a workweek. The employees performed various duties for Mobile Dredging, who are in the sewer cleaning and dredging industry. These duties entail the safe removal of environmental waste.

It is alleged in the Complaint that although the employees were forced to report to Mobile Dredging’s facility to retrieve the materials and the trucks needed to perform their duties, the employees were only paid for the time they spent on-site cleaning, regardless of how long it took to get to the actual site. The Complaint alleges that the employees should have been paid for travel time, in addition to their pre-shift activities.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that Mobile Dredging employees would be entitled to double damages for the monies they are potentially owed.

To learn more about these types of investigations, check our “Off the Clock” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

East Coast Fresh Cuts

A Complaint was filed against East Coast Fresh Cuts, Inc. (hereinafter, “East Coast”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that East Coast “misclassified” an employee as a salaried worker, which resulted in the employee not being paid properly for overtime when she worked in excess of forty (40) hours in a workweek.

Because misclassifying an employee is a violation of the FLSA, the Complaint seeks liquidated damages, meaning that the employee would be entitled to double damages for the overtime payments she is potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employee in this particular case held the title of “Retail Merchandise Specialist.”

To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Akshar Corporation

A Complaint was filed against Akshar Corporation (hereinafter, “Akshar”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Akshar did not compensate their motel employees for all hours worked and for overtime when they worked in excess of forty (40) hours in a workweek. The employees performed various duties for Akshar, who are in the hotel service industry. These duties range from cleaning to general maintenance of the facilities. Some of the hotels owned and operated by Ashkar include, but are not limited to, Knights Inn, Roadway Inn, A & E Motel and Super 8 Motel.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that Akshar employees would be entitled to double damages for the monies they are potentially owed.

To learn more about these types of investigations, check our “Off the Clock”, “Minimum Wage” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Santoni’s

A Complaint was filed against Santoni’s, Inc. (hereinafter “Santoni’s”) seeking unpaid wages under the Maryland Wage Payment and Collection Law (hereinafter, “MWPCL”). The case was filed in the Circuit Court for Baltimore City and alleges that Santoni’s did not compensate their employees for the unused holiday and vacation pay they accrued prior to the time Santoni’s ceased operations on October 22, 2013.

Because failing to pay an employee properly for vacation and holiday pay are violations of the MWPCL, the Complaint seeks treble damages, meaning that Santoni’s employees would be entitled to triple damages for the monies they are potentially owed.

If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

KSI Trading Corporation

A Complaint was filed against KSI Trading Corporation, D/B/A The KS Group, (hereinafter, “KSI”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that KSI “misclassified” an employee as a salaried worker, which resulted in the employee not receiving proper payment for overtime when he worked in excess of forty (40) hours in a workweek.

Because misclassifying an employee is a violation of the FLSA, the Complaint seeks liquidated damages, meaning that the employee would be entitled to double damages for the overtime payments he is potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employee in this particular case held the title of “Inside Sales Representative.”

To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Ashley Furniture

A Complaint on behalf of commission salespersons was filed against Ashley Furniture (aka Regency Management Services), seeking overtime pay under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges individual and collective causes of action. Specifically, the employees allege that Ashley Furniture did not pay furniture commission salespersons the required amount in overtime wages for hours worked in excess of forty (40) in a workweek.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that an employer willfully violated the law, the statute of limitations may be extended to three (3) years.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that Ashley Furniture employees would be entitled to double damages for the monies they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our clients. To learn more about this type of case, check our “Commissioned Salespersons” page. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

L.A. Fitness

A Complaint was filed against Fitness International, LLC (hereinafter, “L.A. Fitness”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that L.A. Fitness did not compensate their employees properly for overtime when they worked in excess of forty (40) hours during a particular workweek. The employees hold or held the title of Personal Training Director and/or Assistant Personal Training Director.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that L.A. Fitness employees would be entitled to double damages for the monies they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our clients. To learn more about these types of investigations, check our “Off the Clock” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Interactive Health Solutions, Inc.

A Complaint was filed against Interactive Health Solutions, Inc. (hereinafter, “IHS”) seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in the United States District Court for the District of Maryland. The Compliant alleges that IHS misclassified an employee that performed human resources duties as salaried and thus, did not compensate this employee for overtime. The Complaint alleges that the duties performed by the employee, who held the title of Human Resources Coordinator (hereinafter, “Coordinator”), entitled her to overtime pay. It is alleged that it was typical for the Coordinator to work fifty (50) to sixty (60) hours per week. However, regardless of how many hours she worked, the Coordinator was only paid her regular salary.

IHS is a large national corporation with various locations throughout the country. Their services involve healthcare screenings and wellness services provided to various employers. Due to the demands that are common in the healthcare services industry, particularly during flu season, it is a regular practice for healthcare employees to work excessive hours.

Because failing to pay an employee properly for overtime is a violation of the FLSA, the Complaint seeks liquidated damages, meaning that the employee could be entitled to double damages for the wages she is potentially owed. If you work or have worked in the healthcare field for an employer who implemented similar working conditions, you may have a potential claim that could be brought in another case.

To learn more about these types of investigations, check our “Misclassified as Salary” page. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation. Keep in mind that the time you have to file a potential claim is limited.

CDS Logistics Management, Inc.

A Complaint was filed against CDS Logistics Management, Inc. (hereinafter, “CDS”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that CDS “misclassified” certain employees as salaried workers, which resulted in these employees being denied proper payment for overtime when they worked in excess of forty (40) hours in a workweek.

There is a federal statute of limitations that allows employees to recover pay for unpaid overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that CDS willfully violated the law, the statute of limitations may be extended to three (3) years.

Because misclassifying an employee is a violation of the FLSA, the Complaint seeks liquidated damages, meaning that CDS employees would be entitled to double damages for the overtime payments they are potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determine whether an employee is exempt from the overtime requirements. The employee in this particular case held the title of “Receptionist.”

To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Woodberry Kitchen

A Complaint was filed against Watershed, LLC and its co-owners, David (Spike) Gjerde and Amy Gjerde (hereinafter, “Watershed”), seeking overtime pay under the Fair Labor Standards Act (hereinafter, “FLSA”). Watershed has or had four (4) food & beverage establishments within the Baltimore region: Woodberry Kitchen, Parts & Labor, Shoo-Fly and Artifact Coffee.

The Complaint was filed in the United States District Court for the District of Maryland and alleges individual and collective causes of action. Specifically, the Complaint alleges that Watershed did not properly compensate Pastry Cooks, Line Cooks, Prep Cooks and Bread Bakers for overtime when they worked in excess of forty (40) hours in a workweek. Watershed allegedly disguised this under a “shift pay” scheme.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that Watershed employees would be entitled to double damages for the wages they are potentially owed.

To learn more about these types of investigations, check our “Unpaid Overtime” page. If you are a restaurant employee and have experienced overtime violations, please contact us for a free no obligation consultation.

McCabe, Weisberg & Conway, LLC

A Complaint was filed against McCabe, Weisberg & Conway, LLC (hereinafter, “McCabe”), seeking overtime pay under the Fair Labor Standards Act (hereinafter, “FLSA”) and Maryland Wage & Hour Law (hereinafter, “MWHL”). McCabe is a Maryland based law firm that represents the Mid-Atlantic region’s mortgage banking industry. The case was filed in United States District Court for the District of Maryland and alleges that McCabe “misclassified” an employee as a salaried worker, which resulted in the employee not being paid properly for overtime when the employee worked in excess of forty (40) hours in a workweek. The employee held the title of “Team Lead” and worked in both the Real Estate Owned (“REO”) Department and the Deed Department.

Because misclassifying an employee is a violation of both the FLSA and MWHL, the employee is seeking liquidated damages, meaning that the employee would potentially be entitled to double damages for the overtime payments owed. The FLSA and the MWHL make it clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements.

To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Pier 1 Imports, Inc.

A Complaint was filed against Pier 1 Imports, Inc. (hereinafter, “Pier 1”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Pier 1 “misclassified” certain employees as salaried workers, which resulted in these employees not being paid properly for overtime when they worked in excess of forty (40) hours in a workweek.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that Pier 1 willfully violated the law, the statute of limitations may be extended to three (3) years.

Because misclassifying an employee is a violation of the FLSA, the Complaint seeks liquidated damages, meaning that Pier 1 employees would be entitled to double damages for the overtime payments they are potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employee in this particular case held the title of “Warehouse Supervisor.”

TJX Companies, Inc.

A Complaint was filed against TJX Companies, Inc. (hereinafter, “TJX”), which is the parent company to TJ Maxx, Marshalls and Home Goods, seeking overtime pay under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that TJX “misclassified” certain employees as salaried workers, which resulted in these employees not being paid properly for overtime when they worked in excess of forty (40) hours in a workweek. These employees held the title of “Lost Prevention Specialist.”

Because misclassifying an employee is a violation of the FLSA, the employees sought liquidated damages, meaning that TJX employees would potentially be entitled to double damages for the overtime payments they are owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements.

Based on the violations alleged, the case was settled and a positive outcome was achieved for the employees. To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Price Busters of Baltimore, Inc.

A Complaint was filed against Price Busters of Baltimore, Inc. (hereinafter, “Price Busters”) on behalf of furniture commission salespersons seeking minimum wages and overtime compensation under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Price Busters did not pay its commissioned salespersons wages that meet the minimum wage requirements.

Additionally, it was asserted that Price Busters “misclassified” its employees as salaried for purposes of not paying its employees for all hours worked and that these actions resulted in Price Busters not paying its employees properly for overtime when they worked in excess of forty (40) hours in a workweek. Because failing to pay an employee for all hours worked and for overtime are violations of the FLSA, the employees sought liquidated damages, meaning that Price Busters employees would be entitled to double damages for the monies they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved for the employees. To learn more about these types of investigations, check our “Commissioned Salespersons”, “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Dunbar Guard Services, Inc.

A Complaint was filed against Dunbar Guard Services, Inc. (hereinafter, “Dunbar”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Dunbar did not compensate their employees for all hours worked. It was also alleged that Dunbar did not properly compensate their employees for overtime when they worked in excess of forty (40) hours in a workweek. The employees held various positions related to providing security.

Since failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the employees sought liquidated damages, meaning that Dunbar employees would be entitled to double damages for the monies they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our clients. To learn more about these types of investigations, check our “Off-the-Clock” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

FutureCare Health and Management Corporation

In November of 2013, a Complaint was filed against FutureCare Health and Management Corporation (hereinafter, “FutureCare”) seeking overtime compensation under the Fair Labor Standards Act (hereinafter, “FLSA”). The Complaint was filed in Federal Court in the District of Maryland and alleged that FutureCare did not properly compensate their employees for time worked in excess of forty (40) hours per week.

The Complaint was filed on behalf of employees who held the title of Patient Account Managers. These employees were primarily tasked with performing various administrative and accounting duties. The Complaint alleged that FutureCare engaged in the practice of not paying their employees properly for overtime. The Complaint also alleged that certain employees were prevented from properly recording their time.

Based on this, it was alleged that FutureCare did not pay their employees properly for overtime when they worked in excess of 40 hours in a workweek. Because not compensating an employee correctly for overtime is a violation of the FLSA, the Complaint sought liquidated damages, meaning that FutureCare employees would potentially be entitled to double damages for the overtime payments they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our client. To learn more about these types of investigations, check our “Unpaid Overtime” page. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Hoffberger Moving Services, LLC

A Complaint was filed against Hoffberger Moving Services, LLC (hereinafter, “Hoffberger”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Hoffberger did not compensate its employees, who worked in the capacity as “movers” or “laborers,” for the “off the clock work” they performed. This includes travel time to and from jobsites, in addition to improper deductions for lunch breaks when, in actuality, the employees were working during their supposed lunch breaks. It is also alleged that Hoffberger’s improper practices resulted in its employees not being properly compensated for overtime when they worked in excess of forty (40) hours in a workweek.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that Hoffberger employees would be entitled to double damages for the monies they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our clients. To learn more about these types of investigations, check our “Off the Clock” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Retina Associates, P.C.

A Complaint was filed against Retina Associates, P.C. (hereinafter, “Retina”) seeking overtime compensation under the Fair Labor Standards Act (hereinafter, “FLSA”). The Complaint was filed in Federal Court in the District of Maryland and sought individual and collective causes of action.

The Complaint was filed on behalf of employees who hold, or held, the titles of Patient Care Coordinators and Medical Technicians. The employees asserted that regardless of an employee’s supposed title, an assessment of an employee’s actual duties is required to determine whether an employee is entitled to overtime.

Based on this, it was alleged that Retina misclassified its employees as salaried employees and in turn, did not pay these employees properly for overtime when they worked in excess of forty (40) hours in a workweek. Because misclassifying an employee is a violation of the FLSA, the employees sought liquidated damages, meaning that Retina employees would be entitled to double damages for the overtime payments they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our clients. To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

John W. Clarke, Inc.

A Complaint was filed against John W. Clarke, Inc. (hereinafter, “Clarke”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Clarke did not compensate their employees at the federal minimum wage. It was also alleged that Clarke did not compensate their employees properly for overtime when they worked in excess of forty (40) hours in a workweek. The employees worked as “Trash Collectors” for Clarke and were responsible for discarding refuse into the back of Clarke’s trash trucks.

Since failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the employees sought liquidated damages, meaning that Clarke employees would be entitled to double damages for the monies they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our clients. To learn more about these types of investigations, check our “Minimum Wage” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Smart Communications, Inc.

A Complaint was filed against Smart Communications, Inc. (hereinafter, “Smart Comm.”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). Smart Comm.’s employees were Customer Service Representatives, whose duties entailed selling phone plans. The case was filed in Federal Court in the District of Maryland and alleged that Smart Comm. did not compensate their employees properly for overtime when they worked in excess of forty (40) hours in a workweek.

Since failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the employees sought liquidated damages, meaning that Smart Comm. employees would be entitled to double damages for the monies they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our clients. To learn more about these types of investigations, check our “Unpaid Overtime” page. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Alliance, Inc.

A Complaint was filed against Alliance, Inc. (hereinafter “Alliance”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Alliance did not compensate their employees properly for all hours worked and for overtime when they worked in excess of forty (40) hours in a workweek. The employees performed work as Residential Coordinators and were responsible for assisting persons with special needs.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that Alliance employees would be entitled to double damages for the monies they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our clients. To learn more about these types of investigations, check our “Off the Clock” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Compassionate Home HealthCare, Inc.

In July of 2013, a Complaint was filed against Compassionate Home HealthCare, Inc. (hereinafter, “Compassionate”) seeking overtime compensation under the Fair Labor Standards Act (hereinafter, “FLSA”). The Complaint was filed in Federal Court in the District of Maryland and alleged that Compassionate did not properly compensate their employees for time worked in excess of forty (40) hours per week.

The Complaint was filed on behalf of employees who held the title of Home HealthCare Specialist (also known as, “caregiver”). These caregivers were responsible for caring for persons with special needs. This primarily involved tending to various health related issues and performing routine household tasks. The Complaint alleged that Compassionate had a company policy of not paying overtime to their employees. The Complaint alleged that Compassionate would only pay “straight time” for all hours worked in a given week, and not “time and a half” for all hours worked over forty (40).

Based on this, it was alleged that Compassionate did not pay their employees properly for overtime when they worked in excess of forty (40) hours in a workweek. Because not paying an employee overtime is a violation of the FLSA, the Complaint sought liquidated damages, meaning that Compassionate employees would potentially be entitled to double damages for the overtime payments they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our client. To learn more about these types of investigations, check our “Unpaid Overtime” page. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

B.W. Mechanical, Inc.

A Complaint was filed against B.W. Mechanical, Inc. (hereinafter, “B.W.”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleged that B.W. “misclassified” certain employees as salaried workers and failed to properly pay these employees for overtime when they worked in excess of forty (40) hours in a workweek. Additionally, B.W. deducted thirty (30) minutes a day for a lunch break that their employees never received. Because B.W. employees routinely worked over forty (40) hours in a workweek, the additional two and a half (2.5) hours should have been compensated at their overtime rate of time and a half (1.5) their regular rates of pay.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that an employer willfully violated the law, the statute of limitations may be extended to three (3) years.

Because misclassifying an employee is a violation of the FLSA, the Complaint sought liquidated damages, meaning that B.W. employees would be entitled to double damages for the overtime payments they are potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employee in this particular case performed general office duties such as opening mail, posting payments, completing bank deposits, creating invoices and mailing bills.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our client. To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Champions Oncology, Inc.

A Complaint was filed against Champions Oncology, Inc. (hereinafter, “Champions Oncology”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in the District Court for Baltimore City and alleged that Champions Oncology “misclassified” certain employees as salaried workers and failed to properly pay these employees for overtime when they worked in excess of forty (40) hours in a workweek.

Because misclassifying an employee is a violation of the FLSA, the Complaint sought liquidated damages, meaning that Champions Oncology employees would be entitled to double damages for the overtime payments they are potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employees in this particular case held the title of “Research Associate.”

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our clients. To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

TKT, Inc. (Golden Sports Bar)

A Complaint was filed against TKT, Inc. (hereinafter “TKT”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleged that TKT did not compensate their employees properly for all hours worked and for overtime when they worked in excess of forty (40) hours in a workweek. The employee in question worked as a bar tender and was not paid for all hours worked. The employee was only paid straight time for all hours worked over forty (40) in a workweek.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint sought liquidated damages, meaning that TKT employees would be entitled to double damages for the monies they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our client. To learn more about these types of investigations, check our “Minimum Wage”, “Off the Clock”, and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Johns Hopkins University

A Complaint was filed against Johns Hopkins University (hereinafter, “Johns Hopkins”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Johns Hopkins did not compensate their employees properly for overtime when they worked in excess of forty (40) hours in a workweek. The employees held the title of “Refund Billing Specialists,” an administrative position.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that Johns Hopkins employees would be entitled to double damages for the monies they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our clients. To learn more about these types of investigations, check our “Off the Clock” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Coastal Sunbelt Produce, LLC

A Complaint was filed against Coastal Sunbelt Produce, LLC (hereinafter, “Coastal Sunbelt”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Coastal Sunbelt “misclassified” some of their employees as salaried workers, which resulted in a failure to properly pay these employees for overtime when they worked in excess of forty (40) hours in a workweek.

Because misclassifying an employee is a violation of the FLSA, the Complaint seeks liquidated damages, meaning that the Coastal Sunbelt employees would be entitled to double damages for the overtime payments they are potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employees in this particular case held the title of “Warehouse Pickers.”

Based on the violations alleged, the case was settled and a positive outcome was achieved for the employees. To learn more about these types of investigations, check our “Misclassified as Salaried” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Wet Dog, Inc.

A Complaint was filed against Wet Dog, Inc. (hereinafter “Wet Dog”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Wet Dog did not compensate their employees properly for overtime when they worked in excess of forty (40) hours during a workweek. The Complaint also alleges that Wet Dog failed to compensate their employees for the “off the clock” work they performed. These employees were employed as “Car Washers” or “Detailers.”

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that Wet Dog employees would be entitled to double damages for the monies they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our clients. To learn more about these types of investigations, check our “Off the Clock” and “Unpaid Overtime” pages. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Capitol Building Supply, Inc. and Gypsum Management & Supply, Inc.

A Complaint was filed against Gypsum Management & Supply, Inc. and its subsidiary Capitol Building Supply, Inc. (hereinafter collectively, “Capitol Building”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in Federal Court in the District of Maryland and alleges that Capitol Building “misclassified” certain employees as salaried workers, which resulted in these employees to not be paid properly for overtime when they worked in excess of forty (40) hours in a workweek.

There is a federal statute of limitations that allows employees to recover pay for overtime hours worked within two (2) years of the date an employee joins the lawsuit. If it is shown that an employer willfully violated the law, the statute of limitations may be extended to three (3) years. Because misclassifying an employee is a violation of the FLSA, the Complaint seeks liquidated damages, meaning that Capitol Building employees would be entitled to double damages for the overtime payments they are potentially owed. The FLSA makes clear that an employee’s actual duties, NOT his or her job title, determines whether an employee is exempt from the overtime requirements. The employee in this particular case held the title of “Dispatcher.”

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our client. To learn more about this type of case, check our “Misclassified as Salaried” page. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Nasseri Clinic of Arthritic and Rheumatic Diseases LLC

A Complaint was filed against Nasseri Clinic of Arthritic and Rheumatic Diseases LLC and Dr. Nasser Nasseri-Asl (hereinafter, “Nasseri”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in the United States District Court for the District of Maryland and alleges that Nasseri did not properly compensate their employees for overtime hours when they worked in excess of 40 hours in a workweek. These employees worked as both Medical and Administrative Assistants at various clinics owned and operated by Nasseri.

Because failing to pay an employee properly for all hours worked and for overtime are violations of the FLSA, the Complaint seeks liquidated damages, meaning that Nasseri employees could be entitled to double damages for the wages they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our client. To learn more about this type of case, check our “Unpaid Overtime” page. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Fidelity Resources, Inc.

A Complaint was filed against Fidelity Resources, Inc. (hereinafter, “Fidelity”), seeking unpaid wages under the Fair Labor Standards Act (hereinafter, “FLSA”). The case was filed in the United States District Court for the District of Maryland and alleges that Fidelity did not compensate their direct care staff (“Caregivers”) for overtime when they worked in excess of forty (40) hours in a workweek. The Complaint alleges that this was the direct result of a company policy to avoid paying overtime. It is alleged that the employees hired to perform direct care were often required to work throughout the night at least five (5) days per week, leading them to work excessive overtime hours.

Fidelity is a large regional corporation with various locations throughout Maryland. Their services range from care for the elderly to care for persons that are mentally impaired. Due to the nature of the home healthcare industry, which often requires twenty-four (24) hour patient coverage, it is a common requirement that direct care staff remain available throughout the night.

Because failing to pay an employee properly for overtime is a violation of the FLSA, the Complaint seeks liquidated damages, meaning that Fidelity employees could be entitled to double damages for the wages they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our client. To learn more about this type of case, check our “Misclassified as Salaried” page. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

Volt

In August of 2015, a Complaint was filed against Chef Bryan Voltaggio (hereinafter, “Chef Voltaggio”) seeking minimum wage and overtime compensation under the Fair Labor Standards Act (hereinafter, “FLSA”). The Complaint was filed in Federal Court in the District of Maryland and declares individual and collective causes of action.

The Complaint was filed on behalf of employees who hold or held the titles of Pastry Cooks, Line Cooks, or “Prep” Cooks at the numerous restaurants owned and operated by Chef Voltaggio. The Complaint claims that Defendants forced their employees to work “off-the-clock” by requiring them to perform tasks prior and subsequent to their scheduled shifts. It is declared that Defendants demanded that Plaintiffs and other similarly situated employees perform these tasks without being compensated. The Complaint also alleges that Defendants engaged in unlawful “time-shaving” practices by intentionally reducing the amount of hours paid to their employees. It is alleged that this was completed through Defendants’ alteration of time-keeping software.

Based on all of the aforementioned circumstances, it is alleged that Defendants did not pay their employees properly, which includes not paying at least the federal minimum wage for each hour of work and failing to make overtime payments when these employees worked in excess of forty (40) hours in a workweek. Because these policies constitute a violation of the FLSA, the Complaint seeks liquidated damages, meaning that employees would potentially be entitled to double damages for the minimum wage and overtime payments they are potentially owed.

Based on the violations alleged, the case was settled and a positive outcome was achieved on behalf of our client. To learn more about this type of case, check our “Misclassified as Salaried” page. If you have any questions, or would like to discuss a potential claim, please contact us for a free no obligation consultation.

The Fair Labor Standards Act (hereinafter, “FLSA”) requires employers to pay overtime compensation to all employees that are not classified as exempt for all hours worked over forty (40) in a given work week. Overtime pay rates must be calculated at a rate that is at least one and one-half times an employee’s regular rate of pay. To view what determines whether an employee is “exempt” from the overtime requirements, check the Misclassified Employee’s page.

An employee’s workweek may start any day of the week and at any hour in the day, as long as the employer sets a fixed schedule with seven (7) consecutive twenty-four (24) hour periods. Therefore, the hours an employee works cannot be averaged between two or more workweeks.

The FLSA also states that it is the responsibility of the employer, not the employee, to maintain accurate records of the time their employees spend performing work activities. If an employee files an overtime claim and the employer has failed to maintain accurate time records, the employee is entitled to receive overtime compensation based on reasonable estimates of the time the employee worked.

The overtime rules set forth by the FLSA cannot be waived, or ignored, by an agreement between an employee and employer. For instance, if a non-exempt employee agreed to be paid in a manner that did not include overtime payments, the employee would still be eligible to recover overtime compensation for the overtime hours he or she worked.

If you have any questions, or would like to discuss a potential overtime claim, please contact us for a free no obligation consultation.

Contrary to what many employees believe, the classification of “salaried” alone does not make an individual exempt from overtime compensation. Legally, whether or not an employee is entitled to overtime compensation depends on the nature of their work, NOT their job title.

Common misclassifications include employees who:

  • Carry the title of manager, but have no input on the performance of others
  • Were told their job title does not necessitate overtime pay
  • Receive direct instructions on how to complete their work instead of using their own discretion
  • Have co-workers that perform similar work duties and receive overtime pay

Employees who are paid a specific salary can determine their regular rate of pay by dividing their salary by the number of hours they are expected to work in a workweek. If a salaried employee is “misclassified,” then they could be entitled to unpaid overtime wages at one and one-half times their regular rate of pay. To learn more about this, check out our Unpaid Overtime page.

If you believe that you are misclassified as a salaried employee, or have any questions regarding a potential misclassification claim, please contact us for a free no obligation consultation.

“24/7” is a term to describe the employee asked to work but not get paid for work beyond their normal scheduled time. Examples of activities that could be illegal are:

  • Required to check email or voice mail after hours, on weekends and during vacation
  • Run errands for the job on the way to and from work
  • Asked to participate in required training without getting paid for time spent
  • Offered “comp time” in lieu of overtime
  • Consistently take work home to complete in order to keep up with assignments

“Off the Clock” is a term used to describe situations where the employee may be doing work for the benefit of the employer but not receiving payment for the work. The following examples are activities that could be illegal.

  • Work through scheduled lunch breaks without getting paid
  • Start work before clocking in
  • Continue to work beyond normal quitting time without getting paid
  • Report to work at a scheduled time but you are prohibited from clocking in
  • Put on necessary equipment and gear before clocking in
  • Have lunch and other breaks deducted from your pay even if you didn’t take them
  • Round time worked downward for calculation convenience

According to the Fair Labor Standards Act (hereinafter, “FLSA”) and Maryland Wage and Hour laws, employers are required to pay a minimum wage to all non-exempt employees. On January 1, 2015, the State of Maryland raised the minimum wage to $8.00 per hour. Additional increases for the Maryland minimum wage will occur as follows:

  • $8.25 Effective 7/1/15

  • $8.75 Effective 7/1/16
  • $9.25 Effective 7/1/17

  • $10.10 Effective 7/1/18

In limited instances, the Maryland minimum wage laws allow employers to pay less than minimum wage.

The federal minimum wage is $7.25 per hour. If you work in a state other than Maryland, your minimum wage will be no less than $7.25 per hour, but could be more depending on that state’s law.

For employees that are primarily compensated by tips, Maryland requires that they receive at least $3.63 per hour. The amount in tips the employee receives must equal the minimum wage of $8.00 per hour. If the amount in tips received and the minimum wage of $3.63 combined does not meet the Maryland minimum wage requirements of at least $8.00 per hour, the employer is required to pay additional wages to make up the difference.

Federal minimum wage laws dictate that employees that are primarily compensated by tips must also receive at least $3.63 per hour. Under Federal law, the amount in tips the employee receives must equal the minimum wage of $7.25 per hour. If the amount in tips received and the minimum wage of $3.63 combined does not meet the federal minimum wage requirements of at least $7.25 per hour, the employer is required to pay additional wages to make up the difference.

If you work in a state other than Maryland, the amount you are owed may vary.

More and more commission salespersons are being misclassified as “exempt” from both the federal minimum wage and overtime wage requirements. However, there are specific requirements that an employer must meet in order for a commission salesperson to be exempt from these wages. To qualify for the exemption, commission salespersons must (1) work for a retail or service establishment, (2) more than 50% of their pay must be in the form of commissions and (3) they must be paid at least 1.5 times the federal minimum wage. Because the federal minimum wage is currently $8.00 per hour, a commission salesperson must be paid at least $12.00 for all hours worked.

Commission sales employees are routinely paid on a salary, or a salary plus commission basis. However, commission sales employees are routinely not making more than 50% of their pay in commissions. These employees are also often not paid at least 1.5 times the federal minimum wage. Under these circumstances, commission salespersons may not be subject to the retail and service exemption and therefore, entitled to overtime compensation.

If you are a commission salesperson who is not paid more than 50% of your pay in the form of commissions, and not paid at least 1.5 times the federal minimum wage, you may have a claim for unpaid overtime compensation. If you have any questions or would like to discuss your potential claims, please contact us. Please see the link below to view related cases that the Law Offices of Peter T. Nicholl is currently handling.

It is commonplace for companies to hire unpaid interns. While some of these unpaid internships are legally acceptable, more and more companies have begun to take advantage of interns by illegally profiting from their free labor.

In order for an unpaid internship to be legally acceptable, courts generally assess the following factors:

  • Does the internship experience provide interns with training similar to what they would receive in an educational setting?
  • Does the internship primarily benefit the intern?
  • Does the unpaid internship displace regular employees?
  • Do the interns work under close supervision of the existing staff?
  • Does the employer gain an immediate advantage from the use of the unpaid intern?
  • Do both the employer and the intern understand that the intern is not entitled to wages?

If the answer to any of these questions is no, then the employer may be required to pay the interns for their work, including both minimum wage and overtime payments. To learn more about these types of violations, visit our Unpaid Overtime and Minimum Wage pages.

If you believe you should be paid for the work you performed as an intern, or have any questions, please contact us for a free no obligation consultation.

Many employers classify certain workers as “independent contractors” in an attempt to avoid the minimum wage and overtime pay requirements. Being classified as an “independent contractor” can cost an employee substantial compensation, as well as many crucial benefits such as healthcare and unemployment insurance.

In many cases, workers have been misclassified as an “independent contractor” and thus, not properly compensated for the hours that they work. To decide whether a worker has been misclassified as an independent contractor, the courts generally assess the following factors:

  • The amount of control the employer has over the work performed by the independent contractor
  • Whether the independent contractor provides their own tools and materials
  • Whether the work performed requires specialized skills
  • The length of the employment relationship between the employer and independent contractor
  • The percentage of an employer’s business that is comprised of “independent contractor” work

Employees being misclassified as independent contractors is a common problem in a variety of industries and for many job positions. If you are an “independent contractor” and feel that you may be misclassified, or have any other questions, contact us for a free no obligation consultation.

The “Statute of Limitations” for the employee or former employee to collect back pay that may be owed is 2 years under normal circumstances and 3 years if the action was found to be willful. However, the clock continues to run until that employee files a legal complaint. Given this circumstance, immediate action is crucial to collecting money and damages you may be owed. Every day action is not taken creates the potential for money that may be owed to slip away!

Retaliation is prohibited under the Fair Labor Standards Act. The employee is protected from adverse actions to filing a formal or informal complaint from the employer. Adverse actions could encompass firing, demotion, or changes in responsibilities. Indicators to support an allegation of retaliation could be the timing of the adverse action, your manager’s behavior after you filed the complaint or a pattern of retaliation against others who file claims.

We understand the fear of retaliation is a concern for many who are still employed with the company that has failed to compensate them appropriately for their time worked. Our attorneys are experienced in handling delicate matters with the utmost care and confidence. We will investigate your case giving the highest priority to your concerns and circumstance.

The above list of examples is not meant to be all inclusive in regards to the types of problems you may be experiencing. Call immediately to discuss your personal situation with our legal team. We have the expertise to analyze the facts and decipher what you may be owed in back pay and damages...We can help