LABOR AND EMPLOYMENT LAWYER IN ST. LOUIS

A wage and hour claim is a legal action brought by an employee who believes their employer failed to pay them properly or violated applicable wage laws. These claims may involve unpaid wages, unpaid overtime, minimum wage violations, worker misclassification, missed meal breaks, or other compensation-related issues.

Wage and hour violations can severely impact an employee’s financial stability. Some of the most common violations in St. Louis include:

Unpaid Overtime

Under the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to overtime pay for hours worked beyond 40 in a workweek. If your employer has not paid you overtime for these extra hours, you may be entitled to back pay.

If you worked 50 hours in a week but were paid your regular hourly rate for all 50 hours, you may have an unpaid overtime claim.

Failure to Pay Minimum Wage

Federal law sets a minimum wage floor, but many states and local governments require higher rates. If you are paid less than the minimum wage that applies where you work, you may be able to recover the unpaid difference.

For example, paying an employee below the legally required rate may constitute a minimum wage violation.

Improper Deductions

Employers may make certain lawful deductions from your paycheck, including taxes, insurance premiums, and retirement contributions. However, deductions that are not legally permitted or properly authorized may violate wage and hour laws.

For example, deducting money for workplace damage when the employee was not responsible for causing it could be considered an improper deduction.

If you believe you’ve been subjected to any of these violations, contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

Yes. If your employer agreed, either in writing or verbally, to pay commissions and failed to do so, you may have a valid wage claim. Commission disputes can arise when employers change compensation policies, delay payment, or withhold commissions after an employee leaves the company.

If you satisfied the requirements for earning the commission, you may be entitled to recover the unpaid amount.

If you are classified as an independent contractor but your working relationship functions more like employment, you may be misclassified. Misclassification can have important legal and financial consequences.

Independent Contractor

Independent contractors generally:

• Have greater control over how and when they perform their work.
• Use their own tools or equipment.
• May work for multiple clients.
• Do not receive traditional employee benefits, such as health insurance or paid time off.
• Are responsible for paying their own taxes.

Employee

Employees are more likely to:

• Work according to an employer’s schedule or direction.
• Use tools or equipment provided by the employer.
• Work primarily for one company.
• Receive protections such as minimum wage, overtime, and workers’ compensation.
• Have taxes withheld from their paychecks.

If you have been misclassified, you may have been denied wages, overtime pay, benefits, workers’ compensation protections, or other rights available to employees.

If your employer fails to pay you properly, whether it’s missed wages, unpaid overtime, or incorrect pay rates, there are several steps you can take to protect your rights:

1. Review Your Records

Start by gathering the following:

• Pay stubs
• Time sheets or clock-in records
• Employment contract or offer letter
• Any communication about pay (emails, messages)

Compare what you were paid with what you were promised or what the law requires.

2. Communicate With Your Employer

The issue may have resulted from a mistake. Consider contacting your supervisor or HR department to explain your concern and request clarification. Keep a written record of your communications, including emails or dated notes from any conversations.

3. Know Your Rights

Federal and state labor laws protect employees from wage theft. Under the Fair Labor Standards Act (FLSA), you must be paid at least the federal or state minimum wage, whichever is higher. Non-exempt workers are also entitled to overtime pay (1.5x) for hours worked over 40 in a week. Otherwise, employers cannot withhold any pay without a valid reason.

Some states have stronger protections, including stricter timelines for issuing paychecks.

4. File a Complaint With the Department of Labor

You can file a wage claim through the U.S. Department of Labor's Wage and Hour Division (WHD) or your state labor agency. They can investigate and help recover unpaid wages.

5. Document Everything

Keep detailed records of the hours you worked, any differences between what you were paid and what you believe you were owed, and the steps you took to resolve the issue. This documentation may help support your claim if you decide to take legal action.

6. Contact Morgan & Morgan in St. Louis, Missouri

If your employer continues to deny rightful wages or retaliates against you for speaking up, contact a labor and employment attorney at Morgan & Morgan. We offer free case evaluations, and we only get paid if you win your case. You may be entitled to unpaid wages, interest and penalties, legal fees, and possible damages for retaliation.

7. Don’t Delay

Legal deadlines, known as statutes of limitations, determine how long you have to file a claim. These deadlines can vary depending on the type of claim and the laws that apply. Acting promptly can help protect your rights and preserve important evidence.

In a wage and hour lawsuit, the compensation you may recover depends on how your employer violated labor laws. Common types of damages include:

Unpaid Wages and Overtime

You may be able to recover wages you should have received, including unpaid minimum wages and overtime. Under federal law, non-exempt employees are generally entitled to overtime pay at one-and-a-half times their regular rate for hours worked over 40 in a workweek. If you were underpaid, you may be able to recover the difference between what you received and what you were legally owed.

Liquidated Damages

Under the Fair Labor Standards Act (FLSA), you may also be entitled to liquidated damages equal to your unpaid wages. For example, if you are owed $5,000 in unpaid wages, you may be able to recover an additional $5,000 in damages, for a total of $10,000, unless your employer can establish a good-faith defense.

Interest

In some cases, particularly under state laws, you may also recover pre-judgment interest on unpaid wages.

Attorney’s Fees and Costs

If your claim is successful, your employer may be required to pay your attorney’s fees and certain court or litigation costs. This can make it more practical to pursue a claim, even when the amount of unpaid wages is relatively small.

Retaliation-Related Damages

If your employer retaliated against you for asserting your rights, such as by firing, demoting, or harassing you, you may be entitled to additional compensation. Depending on the circumstances, this may include lost wages, reinstatement, damages for reputational harm, and, in serious cases, punitive damages.

Emotional Distress (Limited Situations)

Emotional distress damages are not typically available in wage and hour cases. However, if retaliation is involved, you may be able to pursue compensation for emotional harm as well.

Every case is different, so the best way to understand what your claim may be worth is to speak with the legal team at Morgan & Morgan for a free case evaluation.

Morgan & Morgan’s labor & employment lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—The Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

No. Morgan & Morgan offers free consultations, so there is no cost to speak with our team about your potential case. We believe access to legal guidance should not depend on your financial situation.

Hiring one of our wage & hour lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan in St. Louis, Missouri, you’re backed by more than just one attorney; you gain access to the resources of America’s Largest Injury Law Firm™, with over 1,100 attorneys and offices nationwide.

Your case will be handled by a dedicated team that may include attorneys, paralegals, and support staff working together on your behalf. You’ll also have a primary attorney who oversees your case, keeps you informed, and provides personalized guidance throughout each stage of the process.

After your initial consultation, your legal team may schedule regular check-ins to discuss your case, provide updates, and help prepare you for any upcoming proceedings. We aim to keep you informed and maintain clear communication throughout the process.

Depending on your needs and the requirements of your case, these meetings may take place in person, virtually, or by phone.

Morgan & Morgan’s employment attorneys have extensive experience handling wage and hour claims and have helped recover significant compensation for workers in similar situations. As America’s Largest Injury Law Firm™, with over 1,100 attorneys nationwide, we have the resources, knowledge, and reach to take on complex cases.

We handle cases on a contingency fee basis, which means you don’t pay anything up front. With our The Fee Is Free™ approach, you only pay if we win your case.

We are committed to holding employers accountable when they violate wage laws and workers’ rights. If you believe you’ve been underpaid or treated unfairly, you don’t have to navigate it alone. Contact Morgan & Morgan today for a free case evaluation to learn more about your options.