Minimum Wage / Overtime

Providing Quality Legal Assistance to Help Employees Fight Wage and Hour Violations

Under state and federal law, all employees are entitled to a set minimum wage and compensation for any overtime work beyond the 40-hour workweek.

As of January 1, 2024, the current minimum wage in Missouri is $12.30 per hour and will increase each year based on the cost of living. All businesses must pay the $12.30 per hour rate except for retail and service businesses whose annual gross sales are less than $500,000.

This minimum wage rate increase is only mandated for private, non-exempt businesses. The state minimum wage law does not apply to public employers but does not allow the state’s minimum wage to be lower than the federal minimum wage rate.

Also, it should be noted that employers are required to pay tipped employees at least 50% of the minimum wage ($6.15 per hour) and any amount necessary to bring the employee’s total compensation to a minimum of $12.30 per hour.

Overtime pay is required for those working more than 40 hours a week. Overtime wages must be paid at a rate of at least 1.5 times a covered employee’s regular rate.

Even though state and federal laws have been enacted to protect employee’s wages, some employers attempt to circumvent the rules to their advantage. As a result, many employees are left to deal with minimum wage violations.

If you believe your wage and overtime rights have been violated, contact an experienced wage and hour lawyer at Riggan Law Firm. Our skilled Missouri wage and hour attorneys will fight hard to help you obtain the monetary compensation you legally deserve.

What are Common Violations by Employers?

Unfortunately, employers commit wage theft in many ways or try to evade paying time and a half. By law, most Missouri employers must abide by the rules outlined in the Fair Labor Standards Act (FLSA).

Some ways your employer might infringe on your minimum wage and overtime rights in the workplace could be:

• Re-classifying employees as independent contractors.
• Incorrectly believing an employee is “exempt” and therefore not entitled to overtime because the employee receives a flat salary.
• Exercising significant control over an “independent contractor” and depriving the employee of legally mandated minimum wage/overtime pay.
• Asking an employee to engage in work for which they are not paid (i.e., duties performed before clocking in or after clocking out, attending mandatory work meetings, or training).
• Failing to compensate for overtime that was not “pre-approved.” However, the law states that the employer should have known that an employee worked overtime and is therefore obligated to pay the overtime.
• Denying overtime pay to commissioned employees who do not regularly travel away from the employer’s workplace.

If you have been denied overtime pay, you may be legally entitled to try to file a claim to recover your lost wages. However, working through the complicated legal process can be overwhelming.

Our wage and hour attorneys are committed to ensuring employees recover their lost wages. If you believe your employer has committed a wage and hour violation, you must seek legal help immediately. Contact Riggan Law Firm to speak with a qualified wage-and-hour attorney who will gladly assess your case.

What are Common Minimum Wage Violations?

The Fair Labor Standards Act (FLSA) stipulates that employers must pay their employees for all their time engaged in work-related activities. However, employers often try to avoid paying employees proper compensation for on-the-job activities.

Some of the most common misclassification violations involved in minimum wage and hour claims include:

• Rest breaks: If an employer allows an employee to have a rest break that lasts between 5 and 20 minutes, the employer must pay wages for that time.
• Travel time: If the employee is required to travel between job sites or attend meetings that are not held in the central workplace, they must be compensated for their time.
• Employee training: Any employee that attends mandatory job training, webinar, or other meetings must be compensated for their time, even if it is outside of regular working hours.

If your employer demands that you arrive early to perform job-related tasks but does not allow you to clock in, they may be guilty of wage and hour violations. Other violations often include employers manipulating timesheets to reflect less work performed by employees in a workweek. If your employer has not paid you for the hours you have worked, there are specific steps you must take to protect your right to file a claim. Regardless of the circumstances, you must accurately document incidents where you completed work activities and were not compensated. Documentation should include dates, times, and nature of work completed. You should also keep any emails, text messages, or other communication that supports your claim.

Contact our Missouri law firm today to meet with an attorney who will evaluate your situation and determine if your wage and hour case meets the criteria needed to bring a claim against your employer.

What are Some Exemptions to the Wage and Hour Laws?

Even though federal and state laws have strict guidelines that dictate how minimum wage and overtime pay, there are exemptions to the rules. For example, Missouri’s general compensation rules include several exemptions. ” Under the Fair Labor Standards Act (FLSA), some executive, administrative, and professional employees, as well as creative professionals who earn a weekly salary of at least $844, are considered exempt. Professionals such as elementary and secondary school teachers and academic administrative employees are also exempt from wage and overtime pay requirements.

By law, specific employees are entitled to minimum wage and overtime pay. Entitlement to such pay is governed almost entirely by the nature of your work and job duties. A good way to consider whether you qualify is to consider whether you perform manual labor or are an “hourly” employee.

If you are an hourly employee, you are required to clock in or otherwise keep track of your hours, and your pay fluctuates based on a differential in your hours worked. If you meet the qualifications of an hourly employee, you are entitled to minimum wage and overtime pay.

State labor laws can be overly complex and often involve many exemptions that can be challenging to navigate without legal assistance. Instead, it is always best to consult a knowledgeable wage-and-hour attorney who can review your case and determine the best legal options.

Riggan Law Firm has wage-and-hour lawyers with extensive experience helping clients whose employers have not adequately compensated them. We recognize that you work hard for your money and will fight to help you receive the fair treatment you deserve.

What are the Legal Remedies for an Employer’s Wage Violation?

Employees not being paid the correct wages can file a minimum wage complaint on the Missouri Department of Labor and Industrial Relations (DLS) website. Once a complaint is filed, the DLS can investigate to determine if your employer has not complied with wage and hour laws. The DLS only has the authority to determine if discrepancies exist between the minimum wage rate and the wages you receive. The DLS will then calculate any back wages owed to you.

However, the DLS does not have legal authority to pursue wage and hour lawsuits against employers. Instead, you are entitled to pursue a private legal right of action to collect any wages due. If you choose to sue, you may file a lawsuit as an individual or as part of a group, called a collective action.

If the lawsuit is successful, in addition to recovering unpaid wages, you may also recover an equal amount in liquidated damages, often doubling your recovery. Moreover, an employer who loses a lawsuit must pay the plaintiff’s attorney fees and court costs.

One of the most critical issues you must consider when filing a claim to recover lost wages is who will represent you.

If you want to file a claim against your employer, you must consult an experienced lawyer who can guide you through the complex legal process of filing a wage and hour lawsuit. Contact Riggan Law Firm today to discuss your case.

Why Should I Choose Riggan Law Firm to Help Me With a Wage and Hour Claim?

It is important to remember that wage theft and other wage and hour violations can occur in many ways. Suppose you are an employee deprived of legally mandated minimum wage or overtime pay. In that case, you can recover that pay for up to 2 or 3 years if a willful violation occurs.

However, handling a wage and hour case independently can be overwhelming for those lacking legal training. As with any legal issue, hiring a qualified attorney with comprehensive experience handling wage and hour violations is always best.

You must contact experienced legal counsel immediately, as any delay may result in the forfeiture of any compensation you might receive. One critical aspect that sets us apart from other law firms is our commitment to informing clients of any real-time changes or progress in the case.

Riggan Law Firm has a proven record of successfully helping clients resolve wage and hour cases. When you come to us for help, we will thoroughly evaluate your case and work to hold your employer accountable for their actions.

The employment attorneys at Riggan Law Firm can assess the facts of your situation and develop a solid legal case to fight for the compensation you deserve. Some of the most significant advantages of hiring our Missouri law firm include:

• Attentive communication with every client
• Award-winning legal defense
• Time-sensitive results
• Over 30 years of combined experience

Contact our Missouri law office at 314-528-9661 to schedule an initial consultation with an experienced wage-and-hour lawyer who will thoroughly evaluate your case.