Wage Theft Lawyer in Nashville, TN
Employers who fail to pay minimum wage or overtime, refuse to pay for all hours worked, or misclassify employees are engaging in wage theft. The Fair Labor Standards Act (FLSA) prohibits this behavior and empowers employees with the tools they need to fight back.
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– MalcolmIf your employer has engaged in wage theft that violated the FLSA, contact a wage theft lawyer in Nashville, TN. Let us evaluate your situation and determine what course of legal action makes the most sense for you. Remember, Tennessee employers cannot retaliate against you for exposing FLSA violations. For more information, consult with an experienced Nashville employment attorney at Employment and Commerce Law Group today.
How the FLSA Protects Tennessee Non-Exempt Employees
Tennessee non-exempt employees are paid an hourly rate, generally, have little or no managerial duties, and must be paid the minimum wage and overtime when they earn it. Period.
Under the FLSA, non-exempt employees must be paid at least $7.25 per hour and receive overtime of 1 ½ times their regular rate of pay for any hours they work over 40 per week.
While paying minimum wage and overtime are required under the FLSA, payroll is arguably an employer’s largest expense and many employers find ways to cut corners – often at the detriment of their hard-working employees.
However, as Tennessee employers are prohibited from misclassifying employees, refusing to pay overtime, and failing to pay for all work performed:
- Misclassifying employees. There are two classifications of employees under the FLSA – exempt and non-exempt. Exempt employees are generally those with supervisory duties who are paid a weekly salary regardless of how many hours they work. However, non-exempt employees are paid an hourly wage and must be paid overtime when earned.
Many employers misclassify non-exempt employees as exempt to avoid paying overtime. Employers who misclassify employees can be forced to reclassify them and pay them for the overtime they are due.
- Refusing to pay overtime. Many employers simply refuse to pay for overtime when they know that an employee needs their job, will do whatever it takes to keep it, and will likely not complain. This is illegal, pure and simple. Anyone who has earned overtime must be paid for it.
- Failing to pay for all work performed. Some employers fail to pay employees for work done “off the clock.” This can include many things such as putting on safety gear, cleaning up work areas, or preparing for the next shift of workers. Make no mistake, any work a non-exempt employee performs for the benefit of the employer is compensable.
Nashville employers who engage in wage theft are not only violating the FLSA, but your rights as well. This is where having an experienced Nashville wage theft attorney can help the most.
Contact a Wage Theft Lawyer in Nashville Today
If your employer has misclassified your position, failed to pay you overtime for any hours you worked over 40, or simply refused to pay you overtime at all, contact a wage theft lawyer in Nashville, TN today.
Let us evaluate your situation and determine what course of legal action makes the most sense for you and your family. Although it may seem like an insurmountable task to make an FLSA complaint about your employer, it is important to keep in mind that employers cannot retaliate against you for exposing FLSA violations.
Employers found guilty of retaliation will be held accountable for their actions and be subjected to hefty fines, investigations, and monitoring by the U.S. Department of Labor (DOL). Contact us today to talk about your experience confidentially and without further obligation.
Minimum Wage and Overtime Reform Scholarship
Our Nashville wage theft attorney are pleased to announce our Minimum Wage and Overtime Reform Scholarship. Students who are passionate about wage and employment legislation and reform are encouraged to apply for this $1,000 scholarship award.
For more details on eligibility and the application process, please visit our scholarship page.
Featured Wage and Hour Lawyer FAQs
Featured Wage Theft Lawyer FAQs
What is considered wage theft in Tennessee?
A Tennessee employer commits wage theft when it fails to pay wages it owes to an employee under state or federal law. Wage theft can take many forms, including:
- Failing to pay an employee at least the federal minimum wage of $7.25 per hour
- Failing to pay an employee 1.5 times their usual wage (“time and a half”) for hours worked in excess of 40 hours per week for non-exempt employees
- Improperly withholding tips that employees earned
- Not paying the employee on their payday as required by Tennessee Code § 50-2-103
How do I know if my employer is committing wage theft?
The following signs might suggest that your employer is unlawfully withholding your wages:
- Your employer makes you work off the clock.
- It deducts money from your paycheck without a valid explanation.
- It pays you at your usual rate even if you worked overtime.
- Your employer wrongfully claims you are an independent contractor rather than an employee.
Can my employer retaliate against me for reporting wage theft?
No. Tennessee and federal laws generally prohibit your employer from retaliating against you for reporting wage and hour violations. Contact an employment law attorney immediately if this happens to you.
How far back can I recover stolen wages?
The FLSA’s two-year statute of limitations on unpaid wages claims means that you can recover stolen wages that occurred within two years of the date you file a claim. The deadline extends to three years if the violation was willful.
Do I have to file a wage theft claim with the Department of Labor?
No. You do not necessarily have to file your wage theft claim with the Department of Labor. You can also seek a private settlement with your employer with the help of an experienced employment law attorney or, if necessary, file a lawsuit.
