Over the years, I've represented many employers that have been sued for unpaid wages, commissions, or bonuses. While every case has been different, there have been some striking similarities.
First, in many cases, the employer had adopted its payment practices based upon “common knowledge” it received from other employers, friends, or acquaintances. Unfortunately, the “common knowledge” turned out to be wrong.
Second, in many cases, the employer had followed its payment practice for years, and its employees had gone along with it. Only when an employee became unhappy with the employer was a complaint made. And by then, the problem was a huge one.
Any complaint made against an employer is a serious matter. But when the complaint is based upon an erroneous payment practice that the employer has followed for years, the potential liability, including back pay, penalties, interest, and attorneys' fees, can be enough to break a small or medium-sized company.
The rules governing such things as salary versus hourly status, overtime hours, travel time, 4-day workweeks, draws against commissions, bonuses, and vacation pay can be complex. The time to get things right is when you first establish your payment practice, not after you've been sued for a faulty practice.
If you are forming a new business, I can consult with you to make sure your practices comply with all wage and hours laws. If you are already in business, I can audit your practices to make sure you are following those laws.
If you have already received a complaint, I can help you achieve the best possible result, and avoid complaints in the future.
I have over 40 years of experience in labor and employment matters and can help you and your business comply with all applicable laws and regulations.
Large-firm experience at small-firm rates.