Chattanooga Minimum Wage Violation Lawyer
Challenging an employer that owes you pay or who has committed a form of white-collar theft is a daunting task. However, if you decide to retain an experienced attorney, you could make this process simpler. A Chattanooga minimum wage violation lawyer could help you claim the backpay that is owed to you and hold a negligent employer accountable for his or her actions.
Minimum Wage in the United States
The minimum wage is $7.25 per hour for most employees. For tipped employees like waiters and waitresses in the restaurant industry, it is $2.13 per hour plus tips. However, the tips must add up to $7.25 per hour.
Requirements and Protections for Chattanooga Tipped Employees
Chattanooga does not provide any extra protections for tipped employees that are not found in the Fair Labor Standards Act. For tipped employees, they are required to be paid at least $2.13 per hour plus their tips. The tips plus that $2.13 minimum wage must combine to equal $7.25 per hour for every hour work. That is the main protection.
Additionally, the Fair Labor Standards Act provides is that when it comes to pooling of tips, an employer cannot require tipped employees to share their tips with all of the employees in the restaurant including employees who did not help in earning the tips. These laws are overseen by the Tennessee Department of Labor. The law regarding who can and cannot be involved in the tip pool is frequently complicated, so a person who has questions about that should contact an attorney in Chattanooga.
Minimum Wage Allowances for Workers with Disabilities in Chattanooga
Chattanooga does not provide any specific protections for employees with disabilities, but there are protections provided to disabled workers under the Americans with Disabilities Act as well as the Tennessee Disabilities Act. The Americans with Disabilities Act (ADA) prohibits employers from discriminating employees with disabilities. It also requires employers to provide a reasonable accommodation that will allow a disabled employee to perform their job.
Chattanooga Minimum Wage Violations and Circumstances
A minimum wage violation might occur where an employee who is required to be paid minimum wage is paid less than $7.25 per hour. It might also occur where an employer requires employees to come in and work off-the-clock. Employers might require employees to clock out and then require them to stay after hours and continue working. The failure to pay for those hours worked would be a minimum wage violation.
Exemptions to Minimum Wage Law in Chattanooga
There are certain types of job positions that can be exempt from minimum wage and overtime requirements. However, making that determination is exceptionally specific to each job. If employees believes they might be entitled to minimum wage or overtime and has questions, they should contact the Department of Labor or contact an attorney who works in minimum wage or overtime law.
Potential Compensation for Victims of Wage Theft
If a plaintiff has a successful minimum wage violation case, he or she could receive up to three years of back pay for the amount that should have been paid in the first place. Claimants could also receive liquidated damages in the amount that is an equal amount to the amount they should have been paid. The will also have their attorneys fees paid by the employer, which means, they might be able to recover all of their minimum wage and more if they contact an attorney and have a successful minimum wage or overtime suit.
Contact an Attorney Today
Retaining an attorney who could help you take a stand against an employer who owes you backpay is the first step toward recovery. Reach out and contact an attorney today who could help you recover owed pay.
