Wage and Hour Lawsuits
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What Are Wage and Hour Lawsuits?
Wage and hour lawsuits involve disputes over the amount of wages an employee has worked, or the number of hours they have been working. In the past, employment issues like discrimination or harassment were the most common types of employment disputes. However, in recent years, wage and hour lawsuits have been making up the majority of employment law disputes filed each year. They are sometimes called wage and salary claims.
What Types of Legal Issues Are Involved in Wage and Hour Lawsuits?
Wage and hour claims are often complex and may involve more than one type of legal issue. There is usually a reason or a motive as to why there is a dispute over the wages or hours of an employee. For instance, a typical wage and hour lawsuit can involve issues such as:
- Overtime pay and hours
- Vacation or medical leave
- Pregnancy leave
- Wrongful termination (for instance, failing to pay an employee their wages in connection with termination)
- Intentional violations such as harassment or discrimination against a worker
- Wage garnishment (this is often an issue with other issues like child support)
One of the more common legal issues in a wage/hour lawsuit is that of overtime pay. Some employers may use different tactics to avoid paying an employee overtime rates. This can often be the source of an investigation, especially if the employee’s rights were violated in the scheduling process.
Am I Entitled to Any Legal Remedies for a Wage and Hour Claim?
Wage and hour lawsuits can often result in a monetary damages award for the employee. This is usually intended to cover the amount of wages that were withheld, plus any additional losses caused by the wage/hour dispute. This generally requires proof that:
- The employee was in fact entitled to the amount of wages in question
- The employer wrongfully withheld the wages from the employee
- Any other losses or costs were directly caused by the employer’s actions in withholding the wages
Other remedies in a wage/hour lawsuit may include a reinstatement to the previous position (if termination was a factor), or a change in company wage/hour policies.
Should I Hire a Lawyer for Help with Wage and Hour Lawsuit Issues?
Wage and hour lawsuits can often involve some highly complex legal issues. Some wage/hour claims may involve several concepts that affect the outcome of the case. You may wish to hire a lawyer if you need assistance with any type of employment law matters. Your attorney can provide you with legal advice if you need to file a lawsuit. Also, if you need to attend any court hearings, your lawyer can provide guide you provide you with legal advice.
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Last Modified: 02-25-2015 04:02 PM PST
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