Meet Our Wage and Hour Violation Attorneys

If your employer fails to pay you properly, whether it’s missed wages, unpaid overtime, off-the-clock work, unpaid tips, or other pay, 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, text messages)

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

2. Communicate With Your Employer

It’s possible the issue was a mistake. Contact your HR department or supervisor and raise the concern politely. Keep a written record of this communication (e.g., emails or dated notes from 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 your hours worked, any discrepancies in your actual pay, and any of your attempts to resolve the issue. This documentation is crucial if you decide to take legal action.

6. Contact Morgan & Morgan

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

7. Don’t Delay

There are deadlines known as the statutes of limitations for filing legal claims. Under the FLSA, you typically have two years to file a claim, but this can vary depending on the specifics of your case and the state you work in.

A wage and hour claim is a legal complaint filed by an employee who believes their employer violated labor laws by failing to pay them properly. These claims often involve unpaid wages, unpaid overtime, failure to provide breaks, misclassification of workers, or not meeting minimum wage requirements.

Yes. If your employer agreed, either in writing or verbally, to pay you commissions and failed to do so, you may have a valid claim. Commission disputes often arise when employers change policies without notice, withhold pay after termination, or delay payment.

If you’ve met the conditions to earn your commission, your employer cannot legally withhold it. It is essential to have and maintain proof of the commission agreement between you and your employer. 

At Morgan & Morgan, our team of experienced employment attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We take pride in holding employers accountable when they violate workers’ rights. You shouldn’t have to face unfair pay and work violations alone. Contact Morgan & Morgan today for a free case evaluation to explore your legal options.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their 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, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for any upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way.

These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.

Morgan & Morgan’s employment civil rights 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 typically a percentage of the settlement or verdict amount, or fees awarded on top by statute, ensuring we are motivated to achieve the best possible outcome for you.

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

Unpaid Overtime Violations

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.

For example, 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 the minimum wage at $7.25 per hour, but many states and localities have higher rates. If you are paid below this rate, you may be entitled to compensation.

Picture this example: an employee working in a state where the minimum wage is $12 an hour but is paid only $10 is a victim of minimum wage theft.

Improper Deductions

Employers are allowed to deduct certain amounts from your paycheck (like taxes, insurance premiums, and retirement contributions), but improper deductions are illegal. If your employer is taking deductions not authorized by law or by your agreement, or simply cutting your hours, they may be in violation.

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.

Suppose you're classified as an independent contractor but perform work like an employee. In that case, you might be misclassified, and that can have serious legal and financial implications for both you and the company you're working for.

An independent contractor:

• Controls how and when the work is done.
• Uses their own tools and equipment.
• Usually works for multiple clients.
• Doesn’t receive employee benefits (healthcare, PTO, etc.).
• Responsible for their own taxes.

An employee:

• Has a set schedule and is supervised by the employer.
• Uses employer-provided tools.
• Works for one company.
• Is eligible for benefits and protections (minimum wage, overtime, workers’ comp).
• Employer withholds taxes.

If you’re misclassified, you may be missing out on overtime pay, minimum wage protections, unemployment benefits, workers’ compensation, and more.

In a wage and hour lawsuit, the damages you can recover depend on how your employer violated labor laws, but here are the most common types:

Unpaid Wages

You can recover wages you should have been paid, including:

• Minimum wage violations
• Unpaid overtime (time-and-a-half for hours over 40/week under federal law)

Overtime Pay

If you weren’t properly paid for overtime work, you may be owed the difference between what you were paid and what you should have received, plus additional damages (see below).

 

Liquidated Damages

Under the Fair Labor Standards Act (FLSA), you may receive liquidated damages equal to the amount of unpaid income. That means if you’re owed $5,000 in unpaid wages, you could recover $10,000 total ($5,000 in pay + $5,000 in liquidated damages), unless the employer can prove it acted in good faith.

Interest

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

Attorney’s Fees and Costs

If you win your case, your employer may be required to pay your attorney’s fees, as well as court filing and litigation costs.

This makes it easier to bring a lawsuit, even if the unpaid income was relatively small.

Emotional Distress (Rare)

Emotional distress damages are not usually awarded in wage and hour cases. However, if there's retaliation involved, like firing you for complaining, you may be able to pursue additional damages for emotional distress and/or punitive damages depending on the law in your state.

Retaliation Claims

If your employer retaliates against you (e.g., demotes, fires, or harasses you for asserting your rights), you may also recover:

• Lost wages
• Job reinstatement
• Compensation for reputational harm or emotional distress (depending which state you worked in)
• Punitive damages in extreme cases

Every case is unique, so the best way to estimate your claim’s value is to speak to the legal team at Morgan & Morgan for a free case evaluation.