Imagine devoting long hours to your job, going above and beyond what is asked of you, only to discover that your hard work is not fairly compensated. If you have been denied rightful wages or overtime pay by your employer in Boise, you have powerful legal allies ready to fight for the money you earned. At HKM Employment Attorneys LLP, our dedicated wage and overtime disputes legal team is standing by to evaluate your case and help you pursue the full compensation you deserve under state and federal law. Our Boise wage and overtime attorneys have an extensive track record of success in handling complex wage theft cases for employees at all levels.
Your Right to Fair Pay for All Hours Worked
Both the federal Fair Labor Standards Act (FLSA) and Idaho labor laws establish clear guidelines that employers must follow regarding employee pay. This includes paying at least the minimum wage, providing overtime wages of 1.5 times the regular rate for hours worked over 40 a week, and counting all hours worked when calculating pay – even if an employee works off the clock or does not clock out for short breaks. Failing to fairly pay non-exempt employees for their total time worked is a form of wage theft. Signs that your company may be engaging in improper pay practices include:
- Requiring off-the-clock work before or after shifts
- Automatically deducting break time even if you work through breaks
- Not paying for required pre-work or post-work activities
- Paying straight time for overtime hours
- Refusing to pay accrued vacation time or PTO upon separation
- Making illegal paycheck deductions that drop pay below minimum wage
- Withholding a final paycheck after termination
If any of these situations sound familiar, you may have grounds for a wage and hour claim against your employer. Our knowledgeable wage and overtime lawyers in Boise can review the details of your case and advise you of your legal options.
Misclassification Denies Workers Proper Pay
Another common tactic used by some employers to avoid paying overtime and other benefits is misclassifying workers as exempt from FLSA protections. Genuine managers, executives, professionals, and administrators who are paid on a salary basis and meet certain duties and tests can be exempt. However, many companies improperly classify regular employees like secretaries, bookkeepers, junior analysts, and retail workers as exempt simply because they are paid a salary. However, being paid a salary does not automatically make an employee exempt – their actual job duties must align with stringent FLSA standards. Our law firm can determine if you have been misclassified and help you seek back wages.
Independent contractor misclassification is another rampant problem in many industries. True independent contractors are in business for themselves and control their work. But labeling workers as “contractors” while still treating them like employees allows companies to circumvent minimum wage, overtime, and other labor laws. If you are directed and controlled by an employer but paid as a 1099 contractor, you may actually be an employee entitled to proper wages – and our legal team can help you make your case.
Wages Owed for Mandatory Training, Travel, and On-call Time
In addition to wages for hours directly spent working, you may be entitled to pay for certain work-related activities, including:
- Required meetings, lectures, and training programs
- Work-related travel during the workday (excluding regular commute)
- Doing substantive work while on call
- Putting on and taking off mandatory uniforms or safety gear (donning and doffing)
- Doing required prep work and clean-up duties
If you participate in these types of mandatory work activities without being compensated, you may be owed additional wages. Let our Boise wage and overtime lawyers assess whether you should be paid for these tasks and help you take action.
Fighting Back Against Unlawful Tip Pooling and Wage Deductions
Tipped employees, like restaurant servers, are subject to unique wage rules that some employers exploit to deny rightful pay. Employers are allowed to pay tipped workers a lower minimum wage and take a “tip credit,” but only if the tips make up the difference between the tipped wage and the regular minimum wage. It is illegal for employers to dip into employee tips, except for a lawful tip pooling arrangement. Valid tip pools can only include workers who regularly receive tips, like bussers and bartenders – not managers, cooks, or dishwashers. If you suspect your employer’s tipping policy is taking your hard-earned tips, you have the right to fight back.
In industries like food service, some employers charge workers for things like cash register shortages, customer walkouts, breakage, or even the cost of uniforms and tools – and deduct the cost directly from wages. However, under federal and Idaho law, deductions that drop pay below the minimum wage are prohibited. If you have experienced unlawful deductions, our wage and overtime attorneys in Boise can help you pursue back pay and ensure your rights are protected.
Holding Employers Accountable for Wage Theft
Wage theft is disturbingly common, with some studies estimating that U.S. workers lose over $50 billion a year in unpaid wages. Wage theft can have devastating consequences, leaving families struggling to pay for basic necessities while the unpaid sums enrich their employers. At HKM Employment Attorneys LLP, we are dedicated to fighting for employees who have suffered unlawful underpayment – and preventing unscrupulous employers from exploiting other workers in the future.
If you work in Boise or anywhere in Idaho and believe you have not been paid properly, our passionate wage and overtime disputes legal team is here to help. We will listen closely to your story, gather evidence to support your case, and craft a legal strategy aimed at recovering maximum compensation – whether that means negotiating with your employer, filing a complaint with the Idaho Department of Labor, or pursuing a lawsuit in state or federal court. Our Boise wage and overtime attorneys are also committed to protecting you from illegal retaliation for asserting your wage rights.
Contact Our Boise Employment Law Firm Today
You work hard for your paycheck, and you deserve to be compensated fairly for every hour you dedicate to your job. Unfortunately, some employers put profits over compliance with wage laws. If you have been shortchanged by an employer in Idaho, turn to the experienced wage and overtime attorneys at HKM Employment Attorneys LLP to stand up for your rights. Contact us today to schedule a consultation with a member of our legal team.