what typeof attorney do you need for not being paid over time

Full Answer

Can you sue a company for not giving you what you paid for?

The answer to the question, “Can you sue a company for not paying wages” is yes for both unpaid wages and the interest charged on unpaid wages as established by state law. You might also qualify for liquidated damages, which is a federally established form of compensation that you receive instead of interest.

What can you do if your employer doesn't pay you?

Contact your employer (preferably in writing) and ask for the wages owed to you. If your employer refuses to do so, consider filing a claim with your state's labor agency. File a suit in small claims court or superior court for the amount owed.

How do I write a letter requesting unpaid wages?

I am writing this letter because I am still owed a total of $989 in unpaid wages for the period of January 15th to January 21st, 2020. I respectfully demand that you pay the full amount owed to me within five business days. If there is no response to this letter, I will take legal action to recover these unpaid wages.

Who is exempt from overtime in Florida?

In order to receive a Florida overtime exemption, employees must meet a few requirements, such as: Work in an executive, administrative, professional, outside sales, or computer-related position. Earn a salary equal to or greater than $684 per week or $35,568 yearly.

How do companies get away with not paying overtime?

File a complaint with the Department of Labor's Wage and Hour Division (WHD), or your state's department of labor. These agencies have the authority to investigate these claims and order your employer to pay you the money you are owed. Hire an attorney and file a civil lawsuit against your employer.

What is it called when you work but don't get paid?

Unreported employment, also known as money under the table, working under the table, off the books, cash-in-hand, or illicit work is illegal employment that is not reported to the government.

Can I take my employer to small claims court for unpaid wages?

If you are owed unpaid wages or if unauthorised deductions have been made from your earnings, you may be able to take your employer (or former employer) to an employment tribunal. Our fixed fee services for unpaid wages claims start from £240 (including VAT).

Is wage theft illegal?

Wage theft chips away at someone's wages, quietly. In many professions there is a culture of overwork, where people pride themselves on staying late or chastise those who don't, but when employees are already working on minimum wage, it can quickly become unlawful.

How do I write a demand payment letter?

How to write a demand letterEstablish facts. Don't assume everyone knows the facts. ... Refer to evidence. If there's evidence (like a contract), you don't need to include it, but you should refer to it. ... Make a demand. Be specific as to what you want. ... Set a deadline and establish method of payment. ... Offer a consequence.

Is it illegal to not pay overtime in Florida?

Under federal law, all non-exempt Florida employees must be paid overtime pay of time-and-a-half for any hours worked over a 40-hour workweek. There are exemptions to the federal overtime rules for professionals, executives, computer workers, and administrative employees.

What is the new overtime law in Florida?

Florida law doesn't outline overtime pay for the workweek, so the federal standard applies throughout the state. The Fair Labor Standards Act (FLSA) establishes the 40-hour workweek limit and requires employers to pay non-exempt employees 1.5 times their base pay for any time worked above the 40-hour limit.

What are the overtime rules in Florida?

Florida follows the overtime rules of the FLSA, time and one half regular pay rate for all hours worked in excess of 40 in a regular work week. Overtime can usually be calculated by taking your regular rate of pay and multiplying it by 1.5.

Is it against the law for your employer to pay you late Australia?

Under your contract of employment, you have a legal right to be paid on time. If your employer is regularly late paying your wages and you are still employed by them, there are steps you can take to enforce your legal right to be paid on time.

Can my employer pay me late in Illinois?

If your employer is ordered to pay your final wages by the Illinois Department of Labor, and your employer doesn't do so within 15 days, you can collect 1% of your final wages for each day that your employer is late.

Can an employer withhold pay in Illinois?

Under what circumstances can a final paycheck be withheld under Illinois law? There are no circumstances under which an employer can totally withhold a final paycheck under Illinois law; employers are typically required to issue a final paycheck containing compensation for all earned, unpaid wages.

Is it against the law for your employer to pay you late UK?

In UK law, all employees have the right to receive payment for work they provided. Employers have a responsibility to pay their staff on time. So, it can be considered illegal to pay wages late.

What is a traffic lawyer?

Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.

What do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What are some examples of premises liability?

Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks. 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures.

What is considered criminal defense?

Criminal Defense Lawyer. Courtroom proceedings are considered criminal in nature (as opposed to civil) when the state (through prosecuting attorneys) charges you with the commission of a crime. If you’ve been arrested, read your Miranda rights, and taken into custody by the police, you need a criminal defense lawyer.

Is business law a category?

In fact, “business law” is too broad a category to be meaningful. Business lawyers generally fall into two mutually exclusive categories: litigation and transactional. Business litigation (often referred to as commercial litigation) is a major subset of civil litigation (see above). Businesses sue each other all the time, for any number of reasons. ...

1. How Do You Know What Type of Lawyer You Need?

Oct 30, 2020 — In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary. A criminal lawyer can advise an ‎What Do Criminal Lawyers Do? · ‎What Do Civil Lawyers Do? (1) …

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Many attorneys do not charge an initial consultation fee, but you will need to check in advance to make sure. 2. Contingency Fees: This is a favorite among (29) …

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is the best legal option for a lawsuit?

Suing someone, or responding to someone’s lawsuit against you? An attorney who specializes in civil litigation will be your best legal option. You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What are some examples of employee being treated wrongly?

One of the main examples of an employee being treated wrongly is not being paid for meal breaks. The United States Department of Labor has different state laws for adult employees who work in the private sector or non-profit businesses.

Is not getting a rest break a violation of the law?

Not getting paid rest breaks is a pay violation. Most states give employees a ten-minute rest break that includes pay, after every four hours of work. However, this isn’t a requirement for employees who work only 3.5 hours a day.

Is it illegal to be denied overtime?

Being denied pay for overtime or being underpaid for working longer than a regular workweek is illegal. According to the United States Department of Labor , employers requiring employees to work overtime have to provide premium pay for their overtime work. The FLSA (Fair Labor Standard Act) states that employees are entitled to receive overtime pay for working more than 40 hours per week. Premium pay should be one to one-half times, or more, of an employee’s regular pay rate.

How to get overpayment from attorney?

When attorneys do take overpayment cases, they will usually have you sign a fee petition agreeing to pay an hourly fee for the time that they spend working on your case. Then, when the case is over, the lawyer has to petition Social Security to approve the fee. Social Security will consider a number of factors when deciding whether a particular fee is fair, including the outcome of the case and the level of skill that was required to handle the case. Social Security can approve the attorney's fee petition request, disapprove it, or modify the fee to a lower amount.

How to find an attorney for disability?

You can also locate an attorney by calling different disability attorneys in your community and asking if they take overpayment cases. Once you have a few names, you can meet with attorneys to see whose approach you like best.

How much do disability attorneys charge?

Usually, a disability attorney will enter into a fee agreement with you to take 25% of your disability backpay or $6,000 , whichever is less. Then, when the case is over, if you have won, Social Security forwards the attorney's fee to your attorney.

How long does it take for a Social Security attorney to return money?

If he spends less than 15 hours, he will return money from your retainer to you at the end of the case. Attorneys in Social Security overpayment cases are conscious that their clients are usually lower-income individuals due to their disability, and they know that it might be hard for the client to pay the attorney's bill. ...

What is legal aid?

Legal Aid attorneys work for non-profit law firms whose goal is to provide free legal advice and representation to low-income individuals in civil cases. (A civil case is any kind of case that does not involve a crime. Disability cases are civil cases.) Legal Aid attorneys may be more likely to take overpayment cases than some disability lawyers, ...

Where do attorneys hold their retainers?

Attorneys must hold their retainers in special bank accounts called client trust accounts. After the attorney has completed all of the work on your case, he will submit a petition to Social Security to review the fee agreement and approve his fee. Once Social Security approves the fee (or modifies it), the attorney can take money to pay ...

Do disability attorneys overpay Social Security?

Getting Social Security to approve the fee is an additional step that some disability attorneys do not want to bother with, and so they just decide that they will not do overpayment cases.

What to do if you don't have an attorney?

If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.

What to do if your insurance company does not provide legal counsel?

If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.

What to do if you don't have insurance in Idaho?

If you have insurance, you need the insurer's attorney. In other words, send the complaint to your insurance company and they should defend you. If you don't have insurance, then find an attorney that does insurance defense work. Call the Idaho State Bar for a referral.

What to do if you have not been served with suit papers?

If you have not yet been served with suit papers, notify the agent and claims department immediately and give them all of the information they ask for.

What to do if you are uninsured?

Give the lawsuit to your car insurance company. If you're uninsured then seek a local personal injury attorney or more specifically an auto accident attorney.