Protect Your Income With An Employee Rights Attorney
You work hard at your job. In exchange, you deserve to receive the full compensation that you have rightfully earned. When an employer knowingly or unknowingly withholds your income, you have the right to hold them accountable with legal action to recover the compensation you deserve.
My name is Rod Bridgers of the Law Office of Rod Bridgers, LLLC, and I have been an employment law attorney for more than 38 years. In those decades, I have been proud to provide the Hawaii community with the representation that they need to succeed in their legal matters. I have an in-depth knowledge of wage and hour issues and how to settle these matters swiftly and efficiently.
A Record Of Success: One of my hour and wage dispute judgements secured more than $200 million for my client. Throughout my career, I have been involved in more than $1 billion worth of settlements and verdicts.
Understanding Wage And Hour Issues
There are many ways that an employer can wrongfully withhold your deserved income. Common examples of this include:
- Overtime issues that come from either moving overtime hours into the next week or not properly paying for the overtime that an employee worked (which should be 1.5 times your hourly pay for any time worked beyond the first 40 hours)
- Work break issues that come from not receiving the breaks to which the law entitles you, such as mandatory breaks
- Improper distribution of tips
- Delayed or withheld paychecks
Regardless of the type of wage or hour law you’re experiencing, make sure you partner with an experienced employment law attorney to protect your financial stability.
Hawaii Wage And Hour Claims: You have A Limited Filing Window
Hawaii employees seeking to file a wage and hour claim against an employer should understand the importance of filing swiftly. There are strict deadlines for state and federal wage claims, and the time allotted to seek a resolution can pass quickly.
If you file a state-based wage and hour claim under Hawaii law, you must do so within six years from the date the violation occurred. Filing under federal law, such as the Fair Labor Standards Act (FLSA), narrows the window to only two years – three for willful violations.
Here are some specific wage and hour violations to be aware of:
- Failure to pay covered employees the statutory minimum wage or higher
- Failure to pay additional compensation after 40 hours worked in a workweek
- Failure to pay employees at least twice a month and within seven days after each pay period ends
- Failure to provide 14- and 15-year-old employees a mandatory thirty-minute break after five consecutive work hours.
If your employer is not meeting these guidelines, you may have grounds for a wage and hour claim.
What Qualifies As Overtime Pay, And How Is It Determined?
Overtime pay is extra compensation for hours worked beyond the standard 40-hour workweek. Under the Fair Labor Standards Act (FLSA), eligible employees are entitled to at least 1.5 times their regular pay rate for each overtime hour. Some states, including Hawaii, add further protections, but federal law sets the minimum requirement.
The overtime rate is calculated based on the employee’s regular hourly wage. For example, if you make $20 per hour, your overtime rate would be $30 per hour. Tracking your hours and understanding your employer’s calculations is essential. If you suspect your employer is miscalculating or withholding overtime, an employment attorney can help review payroll records and work to recover unpaid wages.
How Can An Employment Lawyer Assist In Wage And Hour Disputes?
Employment lawyers support workers in wage and hour disputes by reviewing case details, gathering relevant documentation, and representing workers in negotiations or court if needed. With a clear understanding of both state and federal employment laws, an attorney can identify any legal violations, such as denied overtime or improper classification as an independent contractor.
Attorneys are especially helpful in cases involving complex wage calculations, withheld benefits or unfair pay practices. They will file the claim correctly and on time, greatly improving the chances of recovering unpaid wages or benefits. Whether your case involves unpaid breaks, delayed paychecks or denied overtime, an employment attorney’s experience in wage disputes can make a significant difference.
How Do State And Federal Wage And Hour Laws Differ?
State and federal wage and hour laws both address employee pay and working conditions, but they often differ in requirements, coverage and filing deadlines. Federal law, under the FLSA, sets the minimum wage, overtime pay standards and child labor rules that apply nationwide. States like Hawaii may have additional protections, such as more frequent pay periods or mandated break times.
In Hawaii, employees filing state-based wage and hour claims generally have six years from the date of the violation to take action, whereas federal claims are usually limited to two years (or three if the employer knowingly violated the law). By understanding the differences between state and federal laws, workers can select the best approach for their case and act before the filing window closes.
Misclassification Of Employees: A Tactic To Avoid Fair Wages
Some employers misclassify their workers as independent contractors to avoid paying higher wages or overtime compensation. By doing so, they rob workers of essential benefits and legal rights, such as a fair and lawful wage and family leave benefits.
Misclassification also results in substantial losses to government funds (including Social Security and Medicare), state unemployment insurance, and workers’ compensation. It undermines the entire economy, cheats taxpayers and violates the most basic rights of American employees.
Ensuring proper classification is crucial for a healthy economy and contented workers. If your employer classified you incorrectly to avoid lawful compensation, I will work hard to help you get what you deserve.
Fight For Your Money
If you do not think that you’ve been fairly compensated for your work, trust an attorney to whom Hawaii turns for help. Contact my office by calling 808-796-5650 or emailing me here. Early action is key, so act today to protect your tomorrow.