• Was your paycheck less than it should have been? Unfortunately, in these tough economic times, this is relatively common. If you were not paid the wages you were owed, when those wages were due, you may have a claim for unpaid wages and penalties. To learn more about your rights related to payment of wages and compensation, contact us for a free consultation.
  • Did your employer take “surprise” deductions from your pay? Employers who take unlawful deductions must repay those deductions and may be subject to paying statutory penalties and attorneys’ fees. While many deductions are perfectly legal, many are not. If you have questions about deductions from your pay, we are happy to review your pay statements or other compensation records to help confirm whether you are being paid correctly.
  • Do you earn less than minimum wage? In 2013, the Oregon minimum wage is $8.95 per hour worked. If you are paid less than minimum wage, you may be entitled to the difference between what you were paid and minimum wage and additional penalties. Unlawful deductions from employee pay are another way employers pay less than minimum wage. Contact us for a free consultation if you believe you are not being paid at least minimum wage.
  • Did you work more than 40 hours per week but did not get paid overtime? A non-exempt employee who works over 40 hours in a workweek must be paid time and one-half their regular rate of pay for each hour worked over 40. Call us for a free consultation if you believe you are owed unpaid overtime.
  • Did your employer classify you as an “Exempt” employee? Congratulations! That means you have no right to get paid for the overtime hours you worked . . . Unless you were misclassified! It is fairly common for employers to illegally classify employees as “exempt” from overtime. Also, being paid a salary, by itself does not make you exempt. To be legally exempt from the laws covering overtime pay, an employee must meet a specific exemption based on work duties and work performed. Contact us for a free consultation if you believe your employer misclassified you as an “exempt” employee.
  • Did you work from home or “on your own time”? If you performed uncompensated work that was required, authorized, or accepted by your employer, and you were not legally exempt from overtime laws and you were not paid on a salary basis, you may be entitled to back pay and penalties for your uncompensated time. It’s not as complicated as it sounds. Contact us for a better explanation.
  • Were you required to arrive early, before your shift began? Or, did your employer require you to stay late, after your shift was over? Changing clothes, preparing tools and equipment, logging-in to computer systems, and cleaning up are just a few examples of working “off-the-clock” that may result in a claim for uncompensated time. Working off-the-clock often results in unpaid overtime as well. If you worked off-the-clock and have not been paid for all hours worked at the correct rates of pay, contact us for a free consultation.
  • Did you work during unpaid lunch breaks? This happens when your lunch breaks are automatically deducted from hours worked, even though you ate at your desk, answered phones or emails, or couldn’t take a break. If lunch is automatically deducted from your pay when you were not relieved of all work duties during your break you may be owed back pay and penalties for your uncompensated time worked. Call if you have questions about working through your unpaid lunch breaks.
  • Are you paid “hourly” for a set number of hours or based on your schedule regardless of how much you actually work? If you are paid on an hourly basis and you are not paid for all hours actually worked, you may have a claim for unpaid wages and penalties. Call or email to set up a free and confidential consultation.
  • Was your final paycheck late or wrong? There is also a separate penalty for failure to pay all wages due in the final paycheck. Call us if your final paycheck was wrong or late.
  • Did your employer put a stop payment on your final paycheck, or tell you that you owe them money? Sounds unbelievable. But it happens! If this happens to you, call a wage and hour attorney!
  • Did you work exclusively for a single employer that treated you as an “independent contractor”? While some self-employed people do earn a good living working as independent contractors or consultants, the legal test for who is in fact an independent contractor requires a thorough legal analysis. Employers who misclassify employees risk paying unpaid back pay and overtime as well as statutory penalties and attorneys’ fees. If you accepted employment as an independent contractor as a condition of your employment, or if you think your employer has improperly classified you as an independent contractor, contact us to learn more about the differences between employees and independent contractors.
  • Is it possible to recover unpaid wages from a current employer? Short Answer. Yes. However, as we like to say, “it can be a lot better to have a job than a wage claim or a lawsuit.” While retaliation is illegal… so is stealing wages. But it happens. If you are currently employed and are concerned that you’re not being paid fairly under the law, contact us for a free and completely confidential consultation.
  • How long after I was terminated or quit can I make a claim for unpaid wages? The statute of limitations on wage claims is generally two years. Sometimes three. Sometimes six. It depends on the nature of your claim and other circumstances. In any case, the clock is ticking! So do not delay. Call us if you believe you may have a valid claim for unpaid wages.