Pursuing your Claims. Protecting your Rights.
Most employers will provide you breaks while you work. Breaks are a great way to step away from things and recharge before heading back to work. However, you may wonder if your employer has to pay you for your breaks. The Division of Labor explains the law requires employers to offer at least a 20-minute break for employees working at…
West Virginia employees want to believe that when they start their jobs, their bosses are in their corner, and they’re getting paid a fair wage. If you’ve recently found out that you haven’t been paid fairly for your time, you may be wondering what your options are. Thankfully, the United States Government and the Fair Labor Standards Act, or FLSA,…
Employees in West Virginia might have questions about per diem allowances. Who qualifies, and what are the rules? Per diem is a Latin term that translates to “by day.” Employers may reimburse the actual expenses of employees with travel duties, or they may choose to provide per diem allowances calculated by prescribed rates. The General Services Administration (GSA) establishes per diem rates for lodging, meals and…
Many employees nationwide, including in West Virginia, use various ways to protect their business’s bottom lines — many times to the detriment of their employees. One method they use is the misclassification of employees. It costs a company a whole lot less to employ independent contract workers than permanent employees. How do employers benefit from this practice? Misclassification of workers benefits…
If you work more than 40 hours in a single workweek, you might be entitled to overtime pay. Your overtime rate is 150% of your average hourly wage. Therefore, if you typically made $7 an hour, your West Virginia employer would be required to pay an overtime wage of $10.50 per hour. There are several actions that you might be…
Ambulance Service Violated Federal Law by Not Paying Employees for Sleep Time After a rigorous investigation by the U.S. Department of Labor’s Wage and Hour Divisions, the Jefferson Hills Area Ambulance Association—which is a private service performing as the Southeast Regional EMS in Clairton and Elizabeth, Pennsylvania—was ordered to pay $35,492 in earned back wages to 12 first responders for…
Pittsburgh Home Health Care Agency Misclassified Employees Under Federal Law A U.S. District Court for the Western District of Pennsylvania in Pittsburgh has ordered a payment of more than $1.6 million in back wages and damages to 546 home health aides. Christian Home Healthcare in Pittsburgh misclassified the aides as independent contractors and failed to pay required overtime wages, in…
Young people in West Virginia who enter the job market for the first time might have heard that the Fair Labor Standards Act will protect their interests. But what does that mean? They might have questions about pay, wages and benefits, and what is required by the FLSA. Payment for night or weekend work Based on FLSA requirements, workers must receive at least…
According to the Fair Labor Standards Act, workers nationwide, including in West Virginia, are entitled to no less than the minimum wage for the first 40 hours worked in one week. Employers must pay any additional work hours at an overtime rate of no less than one and a half times the employee’s regular wage rate. Understanding the terms in…
For hourly workers who receive a minimum wage and no tips, it is often easy to calculate how much overtime an employer owes when the employee works more than 40 hours a week. Overtime pay is typically one and a half times the worker’s regular rate. For tipped employees, however, this can get complicated. Employers may pay tipped workers less than the minimum wage as long…