by Brian Mahany
In September, I discussed a recent government survey suggesting that each week, approximately 1.1 million workers in Chicago, Los Angeles and New York are cheated on their wages. (See “Broken Laws, Unprotected Workers”, Sep. 16, 2009) http://www.mahanyertl.com/mahanyertl/broken-laws-unprotected-workers/50/
That claim was buttressed by published reports this month indicating wage and hour claims filed under the federal Fair Labor Standards Act had tripled in just 10 years. The newest information suggests that health care workers are among those most often denied proper compensation.
Hospital and clinical staff are frequently denied uninterrupted lunch breaks or work beyond their shift, are not properly categorized for overtime purposes or do not get paid for training. Although on any given day the amount of unpaid time may be small, over months and years that amount can reach into the many of thousands of dollars.
For example, Wisconsin law says that you must be paid for your meal break if you do not receive at least 30 minutes of uninterrupted time or if you are not allowed to leave the employer’s premises.
Nursing home workers who cannot leave after their shift ends until all paperwork is complete are also generally entitled to be paid for this time, even if the employer does not authorize overtime.
Traveling home health care workers are often not paid for their driving time at the beginning of the day and on their way home after shift.
Workers who do not receive wages are often entitled to double the amount of unpaid wages or overtime, sometimes more. The court can also award attorney’s fees.
With jobs so scarce, many workers are afraid to “rock the boat” and seek proper pay. Fortunately, there are both state and federal anti-retaliation protections for those who do come forward. Increasingly, lawyers are also filing class actions on behalf of a particular group of employees, making it difficult for the employer to single out any one employee for coming forward.
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Attorneys Brian Mahany & Christopher Ertl protect workers who are not properly paid or suffer from employment discrimination or sexual harassment. Your job is important to you. The lawyers at Mahany & Ertl understand that and will fight hard to protect your rights.
Our initial consultation is free and without any any obligation. We take cases anywhere in Wisconsin. Class action suits and suits representing groups of victims are considered nationwide.
Call us today, 414-704-6731 or 414-704-2257.
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