Unpaid Wages

• - Failure to pay minimum wage under the Fair Labor Standards Act (FLSA) or state wage laws.

- Unpaid overtime, where employees work more than 40 hours per week without proper time-and-a-half compensation.

- Off-the-clock work, such as required pre-shift or post-shift duties that are not compensated.

- Misclassification of workers as “independent contractors” or “exempt employees” to avoid wage obligations.

- Unpaid commissions or bonuses, particularly in sales, service, or incentive-based roles.

- Illegal deductions from paychecks that reduce wages below the minimum threshold.

These violations can occur across any industry, from hospitality and healthcare to construction, finance, and technology.

The FLSA establishes national standards for minimum wage, overtime pay, and recordkeeping. It requires that most employees receive at least the federal minimum wage and overtime pay for hours worked beyond 40 per week. Employers who violate these rules can face back pay orders, penalties, and, in some cases, double damages.

In addition to federal protections, individual states have enacted their own wage laws—many of which provide even greater protections for employees. Some states mandate higher minimum wages, daily overtime, or stricter rules regarding meal breaks and rest periods.

SJKP LLP attorneys assist clients in navigating the complex interplay between federal and state law to identify every possible avenue for recovery.

• - Paychecks that fluctuate without clear explanation.

- “Salaried” positions that require excessive unpaid overtime.

- Tips or commissions withheld without documentation.

- Lack of itemized pay stubs or detailed accounting.

- Requirements to perform job-related tasks before clocking in or after clocking out.

If you suspect that your employer is engaging in wage theft, consulting with an employment lawyer early can make a substantial difference in recovering lost wages and preventing retaliation.

• - Back Pay: Full recovery of unpaid wages, including overtime and commissions.

- Liquidated Damages: In some cases, employees may recover double the amount owed as compensation for employer misconduct.

- Interest and Penalties: Courts may impose additional charges on employers for delayed payments.

- Attorney’s Fees and Court Costs: Many wage laws require employers to cover legal expenses if they are found in violation.

- Reinstatement or Promotion: In cases involving retaliation, employees may also be entitled to reinstatement or lost opportunities.

Our firm works closely with clients to document evidence, calculate damages, and negotiate settlements or litigate in court when necessary.

• - “Exempt” employees must meet strict tests under the FLSA regarding job duties and salary thresholds.

- Simply paying a salary does not automatically exempt an employee from overtime.

- Independent contractors often perform the same functions as employees but lack wage protections.

Misclassification benefits employers by reducing payroll and tax obligations—but it unlawfully deprives workers of fair compensation. Our attorneys analyze employment contracts, payroll records, and job functions to determine whether misclassification has occurred and pursue corrective action.

1. 1. Initial Evaluation: Review of employment terms, pay records, and applicable law.

2. Administrative Complaint: Filing with the federal or state wage authority.

3. Investigation: Agency review of payroll, timecards, and employer communications.

4. Mediation or Settlement: Efforts to resolve the dispute before litigation.

5. Civil Lawsuit: If unresolved, employees can pursue damages in court.

Each case has strict filing deadlines, often between two and three years from the date of the violation. SJKP LLP helps ensure that all claims are filed timely and supported by comprehensive evidence.

• - Lost Wages: Recoup earnings withheld due to unpaid or delayed compensation.

- Lost Benefits: Recover the value of lost health insurance, retirement contributions, or bonuses.

- Diminished Earning Capacity: Compensation for long-term impacts on career progression.

- Emotional Distress: Recognition of the psychological toll caused by workplace injustice.

- Punitive Damages: Additional penalties imposed to deter future misconduct by employers.

- Attorney Fees: Coverage for legal costs associated with pursuing the claim.

By understanding the full scope of damages, employees can pursue a fair and comprehensive recovery.

• - Termination or demotion.

- Pay reduction or reassignment to unfavorable shifts.

- Harassment or threats in the workplace.

- Blacklisting or negative references.

SJKP LLP helps clients not only recover wages but also protect their employment rights throughout the legal process. When retaliation occurs, we act swiftly to secure reinstatement and additional damages.