Simpson PLLC: Employee Rights Law Firm Nationwide

Representing Employees Nationwide

A person wearing a business suit types on a laptop keyboard. They have a wristwatch with a brown leather strap on their left wrist. The scene captures a professional setting, possibly in an office.

Unpaid Overtime and Minimum Wage Claims

Our firm assists employees in pursuing unpaid overtime and minimum wage claims effectively and efficiently, ensuring their rights are upheld and they receive the compensation they earn.

A historical black and white photograph featuring a group of men in suits and hats standing beside a window of a building. The window displays signage for the Walsenburg Branch I.U. 220 of the Industrial Workers of the World (I.W.W.), with visible damage such as cracks and a hole. A sign in the window says 'Now is vacation time, live larger.' The figures in the photo look towards the camera with serious expressions. Below the window, a brick wall is visible, with rubble on the ground.

WARN Act Claims

We provide legal representation for employees affected by mass layoffs, helping them navigate their rights and secure necessary support during challenging times in the workforce. We challenged employes' violation of the federal WARN Act as well as other state-specific laws.

Common Wage and Hour Violations

Regular Rate Miscalculations

One of the most common types of wage violations involves regular rate miscalculations. When employers pay bonuses or incentives such as attendance bonuses, sign-on bonuses, retention bonuses, production bonuses, or pick-up incentives, these bonuses typically entitle employees to additional overtime. Often, employers only pay overtime at 1.5x the employees' straight time rate, shorting the employees of the overtime compensation they earned.

Unpaid Rest and Meal Breaks

Another common wage and hour violation involves unpaid rest and meal breaks. Often, employers will not pay for short rest breaks or meal periods. For these breaks to be unpaid, they need to be at least 30 minutes long and uninterrupted. An employer cannot deduct break time from its employees' time cards if the breaks are not sufficiently long and uninterrupted.

Straight Time for Overtime

Salary Misclassification

Employers may wish to classify an employee as salaried to avoid paying overtime. While some employees may be properly classified as exempt, not all are. Each employee's job responsibilities must meet specific requirements in order to be classified as exempt. It is not as simple as labeling someone salaried.

The Fair Labor Standards Act (FLSA) requires employers to pay time and a half for all hours worked in excess of 40 during any workweek. Some employers neglect this requirement and pay their employees the same amount per hour regardless of how many hours are worked. This happens frequently when employers incorrectly label employees as "independent contractors."

Mass Layoffs and the WARN Act

What is the WARN Act?

The WARN Act is a federal law that requires certain employers to provide notice to its employees before ordering a plant closure or mass layoff. As long as certain requirements are met, an employer cannot order a mass layoff without giving the affected employees sixty (60) days' notice. If it does, it may owe sixty (60) days' pay to each employee.

Are there any state-specific mass layoff laws?

Several states have passed their own state-specific variations of the federal WARN Act. These versions typically provide broader protections to employees than that provided by the federal law. These states include California, New Jersey, and New York, among others.

Simpson, PLLC provided exceptional support during my mass layoff. Their expertise in unpaid overtime claims was invaluable. Highly recommend their services for employees in need.

★★★★★