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.
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:
- 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.
- 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.
- 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.
- 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.
- 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.