Des Moines And Omaha Wage And Hour Lawyers Serving All Of Iowa And Nebraska

Countless workers in Iowa and Nebraska struggle to make ends meet. Low-wage jobs are a major reason why, but they don’t tell the full story. Sadly, workers at all income levels are being robbed of money they are legally entitled to because of employer wage theft. In order to pad their profits, some businesses and organizations look for ways to cheat their workers out of the money they are owed, oftentimes without employee or government knowledge.

If you suspect that your employer is unfairly withholding pay from you, chances are good that your co-workers are having the same problem. As an individual or as a group, you can reach out to our attorneys at Fiedler Law Firm, P.L.C.. Our highly respected legal team has a strong track record of success on behalf of our employment law clients, and our lawyers are never afraid to take your case to trial if that’s what is likely to produce the most favorable outcome. And you never need to worry about whether your lawyer is on your side. Our Des Moines wage and hour law firm only represents workers – never employers.

Don’t Be Cheated Out Of What You Earn

The law requires that most employers pay at least minimum wage (currently $7.25 per hour in Iowa and $9 per hour in Nebraska) for all hours worked.

Employees who are “nonexempt” from the Fair Labor Standards Act (FLSA) must be paid 1 and 1/2 times their regular wage overtime for all hours worked over 40 in a workweek. Some managers and other professionals are “exempt” from these overtime regulations. Employers often miscategorize employees as “exempt,” resulting in the employer’s illegal failure to pay overtime compensation.

“Comp time” can be substituted for overtime only for employees of the government.

Iowa law requires that employees be paid on a regular basis (at least monthly) and in full. If your paycheck bounces and you incur overdrafts on your checking account as a result, your employer may be responsible for paying those charges. If your employer fails to pay you a regularly scheduled paycheck, your employer may also be responsible for paying a penalty. It is a violation of the FLSA, overtime regulations, and other employment laws for your employer to retaliate against you because you make a complaint concerning overtime pay, minimum wage, or unauthorized deductions from your pay.

Legal Working Hours For Minors Between 14 And 17

Hiring minors between the ages of 14 and 17 can be a practical solution for businesses seeking part-time or seasonal help. However, there are legal limitations that govern when and how long these young workers can be on the job. Both Iowa and Nebraska have specific statutes designed to protect minors from excessive work hours, especially during the school year. Additionally, most employers are subject to federal child labor laws as well. When state and federal rules differ, the employer must follow whichever law provides the greatest protection to the minor. These laws aim to ensure that employment does not interfere with a minor’s education or well-being.

Iowa Laws On Minor Work Hours

In Iowa, the minimum age for employment is 14. While minors can be hired for various roles, they cannot be employed in dangerous occupations and must not be assigned hazardous tasks. The state imposes strict limits on when and how long minors can work, particularly during the academic year.

During the school year, generally from Labor Day to June 1, minors may only work between 7 a.m. and 9 p.m. If it is a school day, the maximum shift length is six hours. For example, a student who finishes school at 3 p.m. could legally work until 9 p.m., but not beyond. On weekends, minors may work up to eight hours per day, with a weekly cap of 28 hours.

During summer vacation and extended school breaks, such as spring break or holidays, the rules become more flexible. Minors may work until 11 p.m. and can take on shifts of up to eight hours per day, regardless of the day of the week. The weekly limit increases to 40 hours, aligning with the standard for adult employees.

Additionally, Iowa law mandates a 30-minute break for 14- and 15-year-olds who work shifts of five hours or more. While this break does not have to be paid, it must be provided to ensure the health and safety of young workers. Employers should also be aware that minors cannot work during scheduled school hours, even if they are homeschooled or enrolled in other programs.

Nebraska Laws On Minor Work Hours

Nebraska also enforces state-specific labor laws for minors, which complement federal guidelines. For 14- and 15-year-old workers, the state prohibits shifts longer than three hours per day on school days, eight hours per day on non-school days, and more than 48 hours per week. Scheduling minors before 6 a.m. or after 10 p.m. is generally not allowed. These restrictions are in place to help maintain a healthy balance between school and work.

However, Nebraska may offer limited flexibility through special permits issued by the Department of Labor. Employers may apply for a permit allowing minors to work outside the standard hours (before 6 a.m. or after 10 p.m.) if no school is scheduled the following day. These permits are valid for up to 90 days and can be renewed for a $10 fee.

This option provides some leeway for businesses during peak seasons or special events, while still prioritizing the educational needs of young workers. Employers must retain documentation of these permits and ensure they are used appropriately to avoid wage and hour violations.

Federal Laws On Minor Work Hours

The Fair Labor Standards Act (FLSA) establishes federal minimum standards designed to protect minors’ education, health, and safety in the workplace. Employers must ensure that all hiring and scheduling of workers under 18 complies with these rules, which vary by age and occupation.

Children ages 14 and 15 may work only in certain approved, non-hazardous jobs like retail, food service, or office work, and they are subject to strict limits on their hours, including caps on daily and weekly work time and restrictions on working during school hours. 14- and 15- year olds may work no more than three hours on a school day and no more than eight hours on a non-school day. This work may not exceed 18 hours total in a school week and 40 hours total in a non-school week.

Children under they age of 16 also may work only between 7 a.m. and 7 p.m., with evening hours extended to 9 p.m. from June 1 through Labor Day. 16- and 17-year-olds may work unlimited hours but may not perform any hazardous occupations, which include certain machinery operations, roofing, excavation, and similar high-risk tasks.

Violations of these laws can result in significant civil money penalties, with increased penalties for violations that lead to injury.

Examples Of Wage And Hour Law Violations

There are many ways that you may be cheated out of pay, including:

• Being asked to perform tasks before you clock in or after you clock out
• Being required to be at work 15 minutes prior to the time you can clock in
• A paycheck which is too low, bounces or is late
• Having your pay docked for being gone less than one day even though you are classified as “exempt”
• Being inappropriately classified as “exempt”
• Deductions from your paycheck that were not authorized by you, the government or a court
• Not being paid in full or compensated for your earned vacation time after you quit or are fired
• Being classified as an independent contractor even though you meet the criteria to be an employee

Knowing your rights and what you are entitled to is the first step in being able to spot wage theft practices.

Is It Important To Clock In Or Keep Track Of Your Time When Checking Work Emails Or Returning Calls?

Yes, it is. You deserve to be paid for all the time you spend working on behalf of your employer. Those small tasks may only take you a few minutes each time, but that time adds up over the span of a day, or a week, or a month, or a year. For example, if you work 5 days/40 hours per week, making $14.50 per hour, but you spend 5 minutes per day checking your work email after hours without logging it, that amounts to 25 minutes per week. This translates to more than $415 in unlogged overtime over the course of one year! If your employer knows about it, that potentially puts them on the hook for state and federal wage violations. It’s much easier, and less painful in the long run, to simply log your time.

Is It Illegal If You Don’t Get A Lunch Or Meal Break?

Under Iowa law, employers generally don’t have to give adult employees lunch or meal breaks. Of course, you should always be allowed to use the toilet, and employees who are less than 16 years old or younger must be given a 30-minute break if they work 5 or more hours per day. Nebraska law requires that employees in assembly plants, mechanical establishments and workshops must receive at least a 30-minute break in each shift of at least 8 hours.

Can Your Employer Make You Work 60-70 Hours Per Week Or, 24-Hour Shifts?

The short answer is yes. If you are an hourly or “nonexempt” employee, you still have to be paid overtime for all hours over 40 in a week. But your employer can set your hours or have expectations you might think are unrealistic. If you are an exempt, salaried employee, your employer may still set shifts or work expectations that seem unfair, and you will likely not be entitled to any overtime unless you are misclassified.

Is It Normal And Legal For Employers To Not Provide Hourly Workers With Information About The Hours They Worked?

It’s not normal, and it’s certainly not legal. Every time you receive your paycheck as a nonexempt, hourly employee, you should also receive a paystub which lets you know the hours you worked, the wages you earned and what deductions were taken out. You should get this paystub through the mail, electronically (through a safe, secure transmission), at work during normal work hours, or free access at work to view it and/or print it. If you are an exempt, salaried employee, your employer is not required to keep track of the hours you work.

Can Your Employer Average Out Your Overtime For The Two Weeks In Your Pay Period?

No. This is wage theft. For example, if you are a nonexempt, hourly employee and you worked 42 hours the first week and 38 hours the second week, you employer is not allowed to average those out to 40 hours per week and pay you no overtime. Your employer must keep track of the hours you actually worked, pay you 40 hours at your regular rate plus 2 hours overtime for the first week and 38 hours at your regular rate the second week.

What Compensation Can You Receive For A Successful Wage And Hour Lawsuit?

If you win a wage and hour lawsuit, there are several types of compensation you might be entitled to, including:

1. Back pay: This is the money that you should have been paid in the first place. It includes wages, overtime, and possibly other earnings you missed out on because of your employer’s violation of wage and hour laws.
2. Liquidated damages: In some cases, you might also receive an equal amount to your back pay as liquidated damages. This means if you are owed $1,000 in unpaid wages, you could potentially receive an additional $1,000 as liquidated damages, totaling $2,000.
3. Interest: You may also be entitled to interest on the unpaid wages. This is calculated from the time the wages are due until the payment is made.
4. Attorney’s fees and court costs: Sometimes, if you win the lawsuit, the court might order the employer to pay for your legal costs. This can include your lawyer’s fees and other expenses related to the case.
5. Punitive damages: Although less common, punitive damages may be awarded in cases where the employer’s actions were particularly harmful or done in bad faith. These are intended to punish the employer and stop similar conduct in the future.

Our lawyers can help you understand what compensation you may be entitled to and assist you in making informed decisions about your case.

Talk To An Attorney About Your Rights And Legal Options

Fiedler Law Firm has offices in Johnston, Iowa, and Omaha, Nebraska, and we serve clients throughout both states. Don’t wait to take action if you believe you’ve been a victim of wage theft. Contact us today to discuss your concerns in an initial consultation. To get started, reach out online or call Iowa office at 515-303-8210 or our Nebraska office at 402-281-3501.