Warrenton Wage and Hour Lawyer

Virginia has revised the state’s overtime laws, changing how employees are classified and who must receive overtime. Wage and hour disputes are among the most common types of conflicts between employers and employees in today’s businesses.

Avoiding civil litigation and resolving wage disputes can be accomplished with help from a Warrenton wage and hour lawyer. The attorneys at Ashwell & Ashwell are experienced in understanding the complexities of Virginia and federal payroll laws, and we can help ensure that everyone is treated fairly.

What Are Wage and Hour Dispute Causes?

Businesses and employers may need legal help for a range of wage and hour related causes. Virginia’s Overtime Wage Act (VOWA) and the federal Fair Labor Standards Act (FLSA) both define a “worker” and explain who must receive overtime and under what circumstances.

In general, employers must pay employees overtime at least one and one-half times the employee’s standard rate for any hours worked over 40 hours per week (Virginia Code § 40.1-29.3). As straightforward as this may seem, disputes arise from various classifications of workers.

• Exempt vs. non-exempt. Somewhat confusingly, the FLSA categorizes “exempt” workers as those who are not entitled to overtime pay, and “non-exempt” workers as those who are entitled to overtime pay. This confusion can result in questions over who should receive such pay.
• Working “off the clock.” Employees may be ordered to work off the clock, or may ask to work off the clock for a variety of reasons. Both are illegal, and both result in workers losing required overtime. This results in workers filing grievances.
• Unlawful wage withholding. Employers may withhold wages for various reasons. In some cases, such as wage garnishment, the employee may be unaware of the reason for the withholding, leading to miscommunication.

Not all wage disputes are due to intentional violations by the employer or wages wrongfully withheld from the employee. The best way to resolve any issues is by contacting a Warrenton wage and hour lawyer before any problems become legal matters.

What is the Virginia Overtime Wage Act?

The Virginia Overtime Wage Act (VOWA) provides a private and group cause of action for employees who have been denied wages by their employer under the terms of the Act. The Act also provides severe penalties in the form of treble damages, liquidated damages, interest, and attorney fees and costs.

The Act provides employer protection by requiring plaintiffs to show that the employer knowingly and intentionally withheld wages in violation of the Act. No specific intent to defraud is required, but the employer must know that the wages were being withheld and refused to correct the problem.

The VOWA also allows a federal class action suit under the FLSA if there are enough claimants to justify a class suit.

Get Legal Advice from a Warrenton Wage and Hour Lawyer

Employee payment disputes can be expensive for employers and cost employees time and money they don’t have. Before your business suffers a costly legal dispute, contact the Warrenton wage and hour lawyers at Ashwell & Ashwell. Our attorneys will review the financial documents and contracts and help find the issues that are causing your company these problems.

If litigation becomes necessary, our attorneys have the legal knowledge to take these claims to court and ensure a favorable outcome for our clients. Contact our office today for a consultation and case review.