Wage Theft

Gertsburg Licata understands the distress caused by allegations of wage theft. When a business is accused of violating the federal Fair Labor Standards Act, minimum wage laws, or state laws regarding wages, they need the most experienced corporate attorneys on the case.  

Businesses accused of wage theft will often face public repercussions, even if there is no conviction. Accusations of wage theft, founded or not, can lead to a reduction in the workforce, loss of employee morale, and public outrage. The experience of Gertsburg Licata attorneys is vital in navigating allegations of wage left from investigation through litigation and appeal.  

What is Wage Theft?

While wage theft is not a legal term, the term describes crimes in the workplace that involve not paying wages per state and federal law. There are several ways businesses can commit wage theft crimes, and the team at Gertsburg Licata understands your legal options for each.  

Working off the ClockBusinesses that force employees to work off the clock may be violating labor laws. Wage theft allegations can occur when employees work during an unpaid lunch, before or after clocking in, or any other labor not recorded.  

Refusal to Pay Refusing to pay an employee as agreed can also result in wage law allegations. Independent contractors not on the company payroll can pose challenges for businesses. Also, employees that accept oral contracts and cash payments for their labor can leave a company at risk.  

Refusal to Pay Overtime When employees work more than 40 hours per week, they are entitled to overtime pay. Not paying overtime is a violation of labor law.  

Not Meeting Minimum Wage Companies must pay employees a minimum hourly wage. The federal government sets a minimum wage that all states must pay; however, states can set higher minimum wage rates. Restaurants and other tipped employee workplaces often are accused of not meeting minimum wage pay.  

Knowing the ins and outs of laws that govern fair labor practices is vital for establishing a good defense against allegations of wage theft. When an employee sues for wage theft, they will also be suing for their own attorney’s fees and other restitution if the employer is found guilty. Businesses can end up owing tens of thousands of dollars. There is also the loss of reputation and public reaction to worry about if found guilty.  

Many of these cases can be settled out of court and never go to trial. However, when the situation calls for a legal team that will argue your defense with expertise, diligence, and knowledge, Gertsburg Licata is the team you need. Our attorneys can not only defend your business against allegations of labor violations or wage theft but also offer valuable legal counsel on compliance. The best way to prevent lawsuits regarding wage theft is to make sure your employment and payroll practices are legal and backed up by evidence. 

Eleina Thomas, Esq.

Senior Associate
White-Collar Defense
[email protected]
(216) 573-6000 x7006

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