Berger & Montague's Employment Law Group
protects employees' rights to minimum wage and overtime
compensation under the federal Fair Labor Standards Act and state
wage and hour laws.
Unfortunately, wage and hour violations are prevalent in America
today. These violations can be willful or sometimes are the
result of reckless or careless bookkeeping or accounting practices.
Employees work hard and are entitled to the wages they earn. They
are also entitled to the protections of the federal Fair Labor
Standards Act ("FLSA") and related state laws which protect
their right to minimum wage and overtime compensation. When
employers engage in illegal wage and hour violations, which
can affect hundreds or thousands of employees at a time,
Berger & Montague's Employment Law Group is available
for legal representation. Over the last ten years, lawsuits
alleging the failure to pay overtime under the FLSA have
become the most common type of employment class action or
collective action filed in the federal court system.
Berger & Montague's Employment Law Group has the
skill, reputation and experience to navigate the complexities
presented by wage and hour cases in federal and state courts across
the United States. Our attorneys have successfully
settled claims totaling many millions of dollars on behalf of
tens of thousands of employees. These include
claims alleging the misclassification of workers' exempt
status; overtime and minimum wage violations; "off the clock" work;
inaccurate time and payroll records; time-clock rounding practices;
and other wage and hour issues. Berger & Montague is
regularly appointed as lead or co-lead counsel in such
cases, and has represented classes of employees in some of the
largest wage and hour lawsuits in the last ten years. For
example, our Employment Law Group has represented classes of
employees at meat and poultry plants, at school bus companies, at
call centers, at courier companies, at fast food restaurants, in
white collar jobs, and in federal and state governments.
Common wage and hour violations include, for example:
- Misclassification of employees as exempt from overtime;
- Misclassification of workers as independent contractors rather
than employees;
- Improper compensation for all hours worked by non-exempt
employees, including activities at the start and the end of the
workday (such as donning and doffing personal protective equipment)
and tasks performed away from the workplace;
- Improper calculation of overtime;
- Failure to pay for work performed during meal and rest
periods;
- Improper use of the fluctuating workweek method of
payment;
- Improper timekeeping and recordkeeping procedures such as
altering or changing time cards or "time shaving;" and
- Employer retaliation against employees for asserting their
legal rights.
Berger & Montague's Employment Law Group is familiar
with the types of wage and hour failure to pay minimum wage or
overtime compensation schemes like those described
above and has the experience and resources necessary to
investigate and pursue virtually any type of class action or
collective action wage and hour case.
No Fees Without Recovery
Berger & Montague employment cases are
often litigated on a contingent fee basis, so plaintiffs and
the class do not pay attorneys' fees or court costs unless there is
a recovery.
Contact Us To Learn
More
We invite you to learn more about our
Employment Law Group. Berger & Montague welcomes
referrals from other law firms and attorneys. For more
information or to schedule a confidential discussion about a
potential case, please fill out the Contact Form on the
right, email us at info@bm.net,
or contact shareholder Shanon Carson at (215) 875-4656. We
are available to evaluate potential employment cases without
charge.