Employees must be paid for all their time worked; this includes non-productive time during the workday (such as waiting at a warehouse between the unloading of trailers), training, safety meetings, and unpaid meal periods when the employee works,” said Baron & Budd Attorney, Allen Vaught.
There are companies that take advantage of their hard working employees by not accurately and timely paying them for all overtime wages or minimum wages owed under federal or state law. Our firm investigates those companies on your behalf and fights for the compensation you have earned.
Baron & Budd is currently accepting cases against Capstone Logistics in certain states for current and former employees who unloaded trailers at various warehouses. Based on data reviewed by Baron & Budd, certain Capstone employees may not have been accurately paid for all time worked at warehouses. Specifically, those employees were potentially not accurately paid for time they waited at warehouses to unload trailers (sometimes called productive versus non-productive time) and may have had their actual hours worked reduced or underreported for payroll purposes.
While the federal Fair Labor Standards Act (“FLSA”) mandates the payment of overtime wages, many states have laws that provide more rights than the FLSA for affected employees. For example, Illinois law requires employees who work more than 40 hours in a workweek to be paid time and one-half their regular rate of pay for all overtime hours worked. In addition to payment of all back wages for a three year look-back period, Illinois also has a wage payment act that penalizes employers for not timely paying all wages owed. Specifically, Illinois law requires interest payments from the date the wages should have been paid until they are paid in full. Illinois law also permits a successful employee to recover legal fees and costs.
Similarly, Indiana has laws that require the timely payment of all overtime wages and other wages owed. If the employer does not timely pay all wages owed, Indiana also has a state law that may require the employer to pay three times the amount of wages not timely paid, plus legal fees and costs.
Other states with overtime, minimum wage, or wage payment act laws include Colorado, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, and Wisconsin.
The deadline to seek back unpaid wages under state law depends on the state where you worked. For example, Illinois allows a three-year lookback period to recover unpaid wages. Laws in other states have different deadlines than Illinois – some shorter and some longer. So, if you think you may be due back wages, act quickly to learn more about your rights.
The employment law attorneys at Baron & Budd have represented thousands of workers, employees, and companies over the last four decades. In an area of law known for its complexity and complex jurisdiction split between state and federal employment statutes, we are known and respected among the best employment lawyers in the country.
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If you want to determine whether you have claims for unpaid overtime wages and other money under state law, or still have the right to seek unpaid overtime wages under the federal FLSA, or both, please contact Baron & Budd, P.C. at 866-691-9086 or get started online. There is no cost to you for the consultation to learn more about your rights. There is a deadline for employees to seek back overtime wages and other money under state and federal law, so do not delay if you have questions.
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