Phoenix Wage And Hour Lawyer

Every day we dedicate our time and energy championing the rights of employees who have been treated unfairly by businesses of all sizes who fail to pay employees all the wages they are owed.  We have fought – and won – cases on behalf of employees to recover unpaid wages against companies of all sizes, from publicly traded companies to local businesses fleecing their employees.  We’re here to fight for your hard-earned wages when you need them.

Drawing on their passion for employee rights and their extensive experience working for a nationally renowned class action law firm, members of the wage and hour practice focus on representing employees against businesses of all sizes to protect your important right to be paid all the wages you are owed.

We are proud to have represented workers in litigation to recover unpaid wages by challenging corporate practices violating federal and state wage and hour laws.  Our experience includes litigation representing:

• Workers in numerous industries required to perform work duties off the clock, including loading systems, gathering equipment, conducting reports, or working through an unpaid lunch
• Workers misclassified as independent contractors, independent operators, or independent franchisees who should be receiving benefits as employees, plus minimum wage and overtime because their work is dependent on and controlled by the company they work for
• Workers misclassified as salaried exempt when they should be entitled to overtime because the duties they perform are routine as opposed to managerial in nature
• Sales employees whose bonuses and incentive pay should be calculated into their overtime rate
• Call center sales employees who spend greater than ten minutes per day loading their systems before they are clocked in
• Employees required to perform work duties off-the-clock before, during, and after their scheduled shifts
• Employees required to put on and take off personal protective equipment necessary to perform their job without compensation for that time
• Workers required to remain on-call and engaged to wait during downtime that they are not paid for
• Laborers not paid for drive time after picking up equipment at headquarters and then driving to job sites throughout the day
• Workers who have training costs deducted from their paychecks causing their wages to fall below the minimum wage
• Legal assistants and paralegals not paid overtime at time and half their regular rate for hours over forty in a workweek

You deserve full compensation for every hour of work your employer is legally obligated to pay you for. If you suspect your employer owes you unpaid wages, call Yen Pilch Robaina & Kresin PLC for answers. Our Phoenix employee rights attorneys are experienced in fighting employer wage and hour abuse and can help achieve full payment for the hard work you have provided. Contact a lawyer today at (602) 833-0220.

What Are Some Questions and Answers About Wage Theft?

(Q) If I believe I haven’t been paid properly – whether for unpaid overtime, minimum wage, or sick time – how can I enforce my rights?

(A) You work hard for your wages and should be paid all that you’re entitled to.  Depending on the amount and type of your claim, you could file a claim with the Arizona Industrial Commission or the Department of Labor.  However, we believe the best way to recover the maximum amount you are entitled to is typically by contacting an attorney and discussing your situation with them.  If you like us, we’d be happy to discuss your potential claims with you. 

(Q) How can I afford to bring a lawsuit?

(A) Our firm takes some unpaid wage cases on behalf of employees on a contingency fee basis, meaning that there is no out-of-pocket expense to you.  In fact, under federal law regarding unpaid overtime and the minimum wage and state law regarding paid sick time, an employer in violation of the law must pay for your attorneys’ fees if you prevail in your case including through a settlement. 

(Q) Do I have to be a current employee to bring a lawsuit for unpaid wages?

(A) No.  An employee can seek recovery against a former employer who owes you overtime or the minimum wage under federal law for wage violations within two years of filing the lawsuit or three years if the violation is willful.  An employee pursuing unpaid wages under Arizona law has to bring a lawsuit within one year.  An employee pursuing unpaid sick time under Arizona law has to bring a lawsuit within two years or three years if the violation was willful. 

(Q) What do I get if I win my lawsuit?

(A) While no attorney can guarantee a result, we can tell you what the law typically requires.  In many instances, an employee who is successful in obtaining unpaid overtime or minimum wage under federal law is entitled to liquidated damages, which is double the amount of the unpaid wages owed.  An employee in Arizona who is owed back wages under Arizona law may be entitled to treble damages, which is three times the amount owed. 

(Q) Do I need documents showing the amount of time I worked?

(A) No.  Federal law requires employers to keep accurate records of all the time you worked.  If you worked time off the clock or your employer’s records are inaccurate, your own estimate about the amount of time you worked during a typical week should be sufficient evidence to support your case.

(Q) Can my employer terminate me for filing a complaint about unpaid overtime, minimum wage, or paid sick time?

(A) It is against the law for your employer to retaliate against you for exercising your right to be paid overtime, minimum wage, and Paid Sick Time.