Stand Up For Your Right To Fair Pay: Wage And Hour Law Advocacy
Wage and hour law is not for the faint of heart! At Hurwitz Law PLLC, we have the unique perspective of both defending large companies from alleged violations and prosecuting wage complaints for so many of our clients.
When we talk about wage and hour law, we are looking at violations of the Fair Labor Standards Act (“FLSA”) and the state law equivalents that exist in all 50 states. These violations are usually technical in nature and require attorneys to be fully knowledgeable and experienced with such cases.
Common Wage And Hour Violations We Handle
Hurwitz Law PLLC has prosecuted the following wage and hour violations:
- Unpaid overtime
- Independent contractor misclassification
- Unlawful lunch docking
- Miscalculated overtime
- Exempt status compliance
- Paying less than minimum wage
- Tip credit issues
- Commission pay infractions
- Off-the-clock pay
- On-call pay violations
- Unpaid meal breaks
- Keeping inaccurate pay records
- Unlawful deductions from employee pay without notification
- Tipping back-of-house employees
- Failure to pay expenses
Most times, our clients do not even know that the employer has done something unlawful. We discover violations by taking a unique approach and discussing your employment conditions in a holistic manner.
Collective Actions: Strength In Numbers
If we believe that not only you but also your coworkers have been harmed by the employer, we may be able to file a collective action on behalf of you and other employees of the company. Just like a “class action,” a collective action under the FLSA is a lawsuit brought for a group of employees. However, unlike a class action, a collective action requires the consent of putative class members.
The good news is that the representative of a collective action is typically entitled to a bonus for the person’s role in reporting the unlawful behavior.
Don’t Wait – Time Limits Apply
In any wage and hour action, it is incredibly important to bring the matter to our attention as soon as possible. Failure to do so can result in damages disappearing due to the applicable statute of limitations.
Common Questions About Wage And Hour Law
The following are answers to concerns we hear from workers dealing with wage and hour problems in Michigan and under federal law.
What should I do if my employer is not paying me overtime?
If you regularly work more than 40 hours in a workweek and are not receiving overtime pay, the first step is to document everything. Keep copies of pay stubs, schedules, time records, emails and any written policies related to hours or pay. Even if your employer does not provide formal timekeeping records, your own notes about hours worked can be important.
Violations often occur because employers incorrectly classify workers as exempt or pay a flat salary without overtime. Many employees assume this is legal, but that is not always true. Federal law looks at job duties, not job titles, to determine overtime eligibility. A wage and hour attorney can help clarify whether your role qualifies for overtime and what recovery may be available, including back pay and liquidated damages.
My employer changed my pay rate without notice. Is that legal in Michigan?
Employers in Michigan generally may change an employee’s pay rate going forward, but they cannot retroactively reduce wages for work already performed. That means an employer cannot decide after the fact to pay you less for hours you already worked. Any pay rate change should apply only to future work.
Problems arise when employers quietly lower hourly rates, reduce commission percentages or change bonus structures without clear communication. Even when changes are allowed, employers must still comply with minimum wage, overtime and recordkeeping laws. If a pay rate change causes your earnings to fall below legal requirements or results in unpaid wages, it may violate state or federal law. Reviewing the timing and impact of the change is critical.
I was fired after asking about unpaid overtime. Is that retaliation?
Firing, demoting or disciplining an employee for asking about overtime or unpaid wages may qualify as unlawful retaliation. Both the Fair Labor Standards Act and Michigan law protect workers who raise concerns about pay, file complaints or participate in wage investigations.
Retaliation can take many forms beyond termination. Reduced hours, schedule changes, unfavorable assignments or sudden negative performance reviews may also be retaliatory if they occur after wage complaints. Employers often attempt to justify these actions with unrelated explanations, which makes timing and documentation very important.
Talk With An Experienced Wage And Hour Law Attorney
If you have been harmed by an employer failing to pay you the appropriate wage, please contact us today. Call 844-HURWITZ or complete our online form to schedule a consultation. We can help!