With the erratic economy, wage and hour claims are among the most prevalent lawsuits in the United States. Thousands of such cases are filed all over the country every month, and the number is expected to grow even more in the coming years, as employers continue to short employees out of the proper wages they are due. All of this highlights the increased focus on addressing the needs of workers in the country, which are the backbone of any company.
Certain schemes employers use to deprive employee out of proper compensation include:
- Placing an individual on Salary even though they should be properly paid overtime
- Failure to pay time and a half for overtime
- Making an employee sign out and work off the clock
- Paying an employee less than minimum wage
- Telling the employee that they work they do pre-shift or post-shift is not compensable
- Failure to factor in differential pay into the overtime calculus
Origins of the wage and hour law
The current incarnation of the wage and hour is rooted in the Fair Labor Standards Act passed in 1938. Also known as the Wages and Hours Bill, the law forms the basis of the current implementation of the Federal wage and hour law in the United States. This original version of the wage and hour law established a maximum workweek of 44 hours and seven days. The law also implemented a minimum wage rate applicable all over the country, and a “time-and-a-half” rate of pay for overtime situations when necessary.
Among the other practices established by the law is the prohibition on the employment of children in oppressive labor conditions. This particular section of the law provides protection for minors against harsh or extremely difficult working environments. Over the years, the law has been subjected to numerous changes, revisions, and additions, until it evolved into the form that is currently in effect to this day.
Common Fact Patterns of Wage & Hour Abuse
- Call Centers in which workers have to appear 15 minutes early pre-shift and are not paid for set up time
- Account Managers who do not manage any people
- Workers paid a day rate no matter how many hours they work
- Nurses who are paid hourly, but not paid time and a half for overtime
- Restaurant workers who are paid less than minimum wage without a tip credit
- There are countless ways in which employers try to deprive their employees of proper wages. You can call (800) 9100-LAW, text (201) 212-6000 or click 1 (877) 561-0000 from your mobile device to speak with a lawyer about whether you are receiving proper compensation. You may be entitled to double damages plus attorney fees.
Classification of Salaried Employees
Did you know that even if you are salaried you might be entitled to overtime! The law holds specific qualifications that must be met in order to classify an employee as ‘salaried’. While employers may believe that classifying an employee as salaried entitles them to work them extended hours without compensation, the law defines this as not necessarily true.
There are several stipulations that must be met in order to be correctly classified as salaried, including managing numbers, and the contract that is entered into for employment. Speak with an experienced Employment Law Attorney today, or complete a case analysis form and have one of our staff contact you.
Classification of Independent Contractors
In order to avoid responsibility for employees, many companies are choosing to label their workers “Independent Contractors.” The IRS has a fact sheet that sets the criteria between an Independent Contractor versus an employee. By classifying the individual as an Independent Contractor, the employer may try to evade responsiblities such as employment taxes and overtime pay. The more control the employer exerts on the individual, and the less likely the individual is able to take other work the more likely it will be considered an employer/employee relationship.
We are Ready to Fight for Your Rights
With the increasing amount of failure to pay proper wages the legislatures in each state are taking the issue very seriously and in some instances calling it what it is and enacting penalties for “Wage Theft”. If you have encountered any of the above situations or more, we are ready to help you. Our attorneys have extensive employment law experience and can help get you the entitled compensation that you deserve. You may be entitled to double damages and attorney fees paid by the defendant. The earlier you enlist the aid of a qualified attorney, the better able he will be able to help you with your claim. We only take the case on contingency, which means we are only paid if we win your case and we can take calls after hours or on weekends when it’s most convenient to you so your employer doesn’t find out.
100 Million Dollar Settlement Fund for Women Injured by a New Birth Control Product
Jason T. Brown was the first attorney in the country to file a battery of cases on behalf of women who sustained blood clots, such as deep vein thrombosis, pulmonary embolisms, strokes and death from a new Birth control Product. Jason T. Brown’s prior firm was on the PSC (Plaintiff Steering Committee) and served as liaison counsel in the state mass tort action. The firm is no longer accepting new cases.
Tens of Millions in Settlements for Mass Tort Injuries and Class Actions
$7 Million Plus Settlement for Consumer Fraud
$7 Million Dollar Commercial Litigation Settlement
Millions in Settlements for Women Injured by New Generation Hormonal Product
Women who sustained blood clots from a new Generation Hormonal Product received and continue to receive compensation for their injuries. Compensable injuries include Pulmonary Embolisms (PE), Deep-Vein Thrombosis (DVT), Strokes and Death. The firm is still investigating and accepting cases.
Nationwide $3.5 Million Settlement for Wage & Hour Class Action Case
Case brought on behalf of at home call center workers who were not paid for all their time worked including boot up time, technical time and other time. Workers were told by the company that boot up time which lasted 15 minutes or more was not paid because it was considered their commute to work. Fair Labor Standards Act (FLSA).
$3.2 Million Settlement for Wage & Hour Class Action Case
Case brought on behalf of workers who were misclassified as salaried exempt from overtime. The employer led employees to believe that they had to work unlimited hours over 40 without overtime compensation even though based on their job duties it was alleged they were entitled to overtime pay.
$2.4 Million Dollar Settlement for Wage & Hour Class Action
Lawsuit was brought as a class action on behalf of workers who worked in excess of 40 hours a week and were not paid overtime. The employer was forcing them to work “off the clock” for those hours and failed to pay proper overtime compensation.
$2 Million Dollar Settlement for False Claims Act (Whistleblower Case)
“$2 Million Dollar False Claims Act (FCA) Settlement – Unnecessary Services”
A case against GenomeDx was brought alleging violations of the False Claims Act (FCA) and the California Insurance Claims Fraud Prevention Act regarding unnecessary services such as the testing of tissues that did not need to be tested. The case resulted in a $350,000 whistleblower award.
$2 Million Dollar Settlement for Truck Accident Victim
Our firm was Of Counsel to a serious truck accident case involving a trucking accident with multiple injuries.
Nationwide $1.3 Million Judgment against Future Income Payments and Scott Kohn for Consumer Fraud
Scott Kohn and Future Income Payments conspired to defraud veterans out of their hard earned pensions by offering them loans at loanshark rates and claiming it was a “purchase” not a loan.
$1.7 Million Dollar Settlement for Wage & Hour Case
Misclassified employees under the FLSA were not paid overtime for hours worked in excess of 40. Due to a confidentiality agreement specific details are intentionally omitted.
Judgment with Maximum Damages for Employment Litigation
Judgment for misclassification under the FLSA including maximum damages under State and Federal Laws, plus an incentive fee for the lead plaintiff with attorney fees paid separately. The case involved a worker who was paid a day rate regardless of the amount of hours worked per day and per week.
Class Action Jury Trial
Workers alleged that they were misclassified according to their job duties. The Defendant claimed an administrative exemption under the FLSA and state law. Misclassification cases under the FLSA are the cases most often tried due to non-monetary considerations. Jury Trial lasted three weeks. Settlement offered in lieu of appeal.
Acquittal at Trial
Despite videotaped evidence that the prosecutor alleged incriminated the defendant, Mr. Brown was able to obtain an acquittal at trial for his client. Please note, that while we, the Brown, LLC will provide consultations in defense matters, the firm spends most of its time litigating complex litigation such as class actions, mass torts and catastrophic injuries.
Judgment with Maximum Damages for Wage & Hour Dispute
Wage & Hour dispute on behalf of hourly employees who were not paid time and a half for hours in excess of 40. Employees were granted double damages for all their time with attorney fees and costs paid separately.
Million Dollar Settlement for Wage & Hour Class Action Case
Workers were compelled to come into work 15 minutes early to set up, but were not paid for their set up time. Gap issues aside, workers received double damages for the time worked for 3 years’ worth of pay with attorney fees paid separately.
This is a non-exhaustive list of prior results and successes of Jason T. Brown and the Brown, LLC. Past results do not guarantee a similar outcome.
For more information about each award see Awards & Accolades – All cases involve Jason T. Brown and/ or Brown, LLC
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Results may vary depending on your particular facts and legal circumstances.