Our Wage Theft Attorneys in DC

Jump To: Current Cases, Investigations Wage theft is simple: an employer takes money that belongs to an employee. The schemes to do so, however, can be complex.  Migliaccio & Rathod LLP’s wage theft attorneys in DC are experienced at seeing through smoke and mirrors to hold employers accountable when they break the law. Practicing nationwide, the firm has recovered millions of dollars in wage theft suits on behalf of their clients.  Please contact our employment attorneys for a free consultation if you believe you have been a victim of wage theft. Some common wage theft schemes are below:   Unpaid Off the Clock Work.  Some employers may make employees work off the clock such as by doing work before a shift begins, after it ends, or during unpaid breaks.  Employers may also not pay not for certain work such as safety meetings, traveling to work sites, and other preparatory work. This is usually unlawful.  Regular Rate Violations. Employers often violate labor laws by failing to pay employees proper overtime rates. According to the Fair Labor Standards Act (FLSA), all employees must be compensated for hours worked over 40 in a workweek according to their regular rate, which reflects all earnings, including bonuses and extra pay. When no additional non-discretional earnings are involved, an employee’s overtime pay can be simply calculated as 1.5 times the hourly rate. However, the FLSA outlines that, when employees earn non-discretional bonuses or other additional income, employers must calculate overtime payments as 1.5 times the “regular rate,” which includes these other forms of pay. The final overtime pay will therefore be higher than if the employer just calculated 1.5 times hourly rate. These types of bonus payments are common and include:

• Site Allowance
• Stage Bonus
• Shift Differential
• Safety bonus
• Production bonus
• Performance award/bonus
• Sign-On Bonus
• Spotlight award
• Other guaranteed pay or non-discretionary bonuses

Tip Credit Violations.  The minimum wage for tipped employees is $2.13 and is even higher in some states. In order for a business to pay a tipped employee a cash wage lower than the standard federal minimum wage of $7.15, several qualifications must be met. If an employer fails to meet just one of these requirements, the employee is entitled to the federal minimum wage, in addition to tips they might receive. Wage theft attorneys in DC fight for workers’ rights.  Common violations include:

• tip credit claimed by the employer exceeds the actual amount of tips received
• tips are retained by the employer instead of the employee
• the inclusion of non-tipped workers in a tip pool
• paying an employee a tip wage when over 20 percent of his or her job involves tasks that do not normally receive tips.

Straight Time for Overtime Unless specifically exempted, the FLSA requires employers to pay employees one and one-half times their hourly rate for each hour beyond 40 in a workweek. Paying workers a straight-time rate for overtime violates the law. Misclassification. Federal law (and often state law) state that employees should be paid time and a half for hours worked over 40. There are some exceptions to paying overtime, including if an employee is an “executive.”  Some employers will claim this exemption by labeling an employee a “manager” and making him or her work long hours, even though the primary duties of the job are actually more similar to that of hourly employees. In such instances, the employee may be misclassified as exempt and therefore entitled to overtime pay at a rate of time and a half. Improper Use of Independent Contractor Status The FLSA’s minimum wage and overtime provisions only apply to employees. Independent contractors are not employees and therefore not subject to the benefits of the FLSA. Just because your employer calls you an “independent contractor,” though, does not make you one. Half-Time or Fluctuating Work Week Violation The general rule of thumb is that for every hour worked over 40 in a week, a worker should be paid time and a half (or 1.5) times his or her regular rate of pay, even if the worker earns a salary. Some employers, however, will pay employees a set weekly salary but just one-half (0.5) of their regular rate so that the workers actually make less for hours worked over 40. This can be a lawful exception to the general rule but only if some very strict criteria are met.

Settlements

For information on Wage Theft Settlements visit Class Action Settlements & More.

Selected Cases

Sours v. Jac Products, Inc., Case No. 2:22-cv-10532 (E.D. Mich.). Migliaccio & Rathod LLP, along with co-counsel, has filed a class action lawsuit against JAC Products, Inc. over allegations that JAC failed to pay employees the proper overtime rate because it did not include non-discretional bonuses in its calculation of the regular rate. As of January 2023, conditional certification of the class was granted. For more information, visit our blog here. Osorio v. Rust-oleum Corporation, Inc., Case No. 1:22-cv-02419 (N.D. Ill.). Migliaccio & Rathod LLP, along with co-counsel, has filed a collective action lawsuit, Osorio v. Rust-oleum Corporation, Inc., over allegations that Rust-Oleum failed to pay employees the proper overtime rate. The Plaintiff alleges that Rust-Oluem did not include non-discretional bonuses in its calculation of the regular rate, thereby omitting portions of owed wages. As of January 2023, this case is in mediation. For more information, visit our blog here. Prince v. Brickyard Healthcare, Inc. (Golden LivingCenters) Et Al, Case No. 1:22-cv-01753 (S.D. Ind.). Migliaccio & Rathod LLP, along with co-counsel, has filed a collective action lawsuit against Brickyard Healthcare Et Al. over allegations that it failed to pay employees proper overtime rate because it did not include shift differentials and various non-discretionary bonuses in calculations of the regular rate. The complaint was filed in September 2022, and litigation is ongoing. If you are an hourly employee who earned any non-discretionary extra pay (e.g., performance or spotlight awards, COVID or hazard pay) in the last three years and suspect it was not factored into your overtime pay, you may be entitled to compensation. Please visit this page for more information and to contact us. Collins v. District of Columbia Fire and Emergency Medical Services Department, Case No. 1:21-cv-02941 (D.D.C). Migliaccio & Rathod LLP represents employees of the District of Columbia Fire and Emergency Medical Services Department in a collective action suit alleging that the District routinely failed to properly calculate overtime compensation. The claims emerged as a result of extra pay, such as hazard pay, included in employees’ paychecks where subsequent overtime rates were not adjusted according to the increased regular rate of pay. We are currently navigating settlement negotiations in hopes of putting owed wages back into employees’ pockets. If you believe you were similarly shorted on overtime pay during time periods in which you received extra pay, find more here. Misc. Wage Theft Six Flags Security Screenings No Poach Policies RBT’s Uncompensated Admin Time Au Pair Minimum Wage Violations Misc. State and City Specific Statutes City Specific Fair Workweek Laws Underpaid Meal and Rest Breaks in California Pre and Post-Shift Work in Pennsylvania Weekly Pay for Manual Workers New York Manual Workers Weekly Pay Violations