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, pay minimum wages, 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, such as on the timing of receipt of wages.
M&S attorneys Michael Lieder and Josh Karsh have litigated numerous class and collective actions raising wage and hour issues. Mike recently concluded a class action case on behalf of approximately 120 medical professionals who were unfairly classified as contractors, which caused their common law employer, MetLife, to violate their rights under the FLSA and state wage and hour laws. Josh has also successfully litigated several of the largest actions ever for unpaid wages on behalf of migrant farmworkers.
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 or triple the back pay that they are owed. If you believe that you may have a wage-and-hour claim, please contact us.