M&S works to ensure that employees are paid fairly for their work. This means pursuing cases that safeguard employees’ wages by making sure companies pay employees for all hours worked and pay overtime rates for work over 40 hours per week. M&S also pursues claims that persons who are really employees have been misclassified as independent contractors and thereby illegally denied overtime or minimum wages to which they are entitled.
The Fair Labor Standards Act (FLSA) is the federal law that protects the minimum wage and overtime pay. Many states also have laws that provide workers additional protections.
M&S attorney Michael Lieder has litigated numerous class actions raising ERISA claims, including breaches of fiduciary duty, illegal denials of benefits, illegal cutback of vested benefits, and violations of ERISA section 510’s rohibition on adverse employment actions to prevent employees from attaining benefits. He is currently litigating a class action case on behalf of approximately 100 medical professionals who have been unfairly classified as contractors and thus mistreated by their common law employer, MetLife, who in doing so has violated state wage and hour laws including withholding employee benefits in violation of ERISA.
A successful FLSA claim may entitle employees to back pay for two or three years from when the claim is filed. Some states allow claims to reach back even further; for example, under New York law the limitations period is six years. In some cases, employees may be able to recover double the back pay that they are owed. If you believe that you may have a wage-and-hour claim, please contact us.