Protecting Employees is our Passion

Call Us:  (816) 600-0117

Practice Areas


At  The  Hodgson  Law  Firm,  L.L.C.,  we  work  tirelessly and compassionately to provide you the best possible representation to protect your rights, including how you are paid in your place of employment. Each of the categories below has links to give you more information. We encourage you to read more or call us to learn about your rights as an employee.


SOME OF THE MOST COMMON WAYS AN EMPLOYER MAY BE VIOLATING YOUR RIGHTS:


NOT PAYING FOR ALL HOURS WORKED                                              


The FLSA requires employers to pay you a minimum of $7.25 per hour for all the hours you work. This can include activities related to performing your job such as starting up your computer, logging on to a network, changing your clothes, preparing for your shift, pre-work meetings, and other activities.

 

NOT PAYING FOR OVERTIME


The FLSA  requires  that  employers  pay most employees time and a half for all hours worked over 40 in a workweek. There are a few ways that employers can avoid paying overtime, but the vast majority of employees, regardless of whether they are paid on a salary basis, hourly basis, commission basis, or piece rate basis, are entitled to overtime compensation. 

 

NOT PAYING FOR OFF THE CLOCK WORK


Some employers try to make employees stay late or get to work early and not pay them for that time. This practice is illegal. The simple rule is that if your employer requires or allows you to work before and after your shift, they have to pay you for that. 

 

PAYING YOU A SALARY WHEN YOU SHOULD GET OVERTIME


Just because you get paid a salary doesn’t mean you shouldn’t get overtime compensation. In fact there are very specific rules about salary-based exemptions. If you are paid a salary, and don’t supervise other employees, or manage a business operation, your employer may owe you overtime compensation.

 

MISLABELING YOU AS AN INDEPENDENT CONTRACTOR 


Independent Contractors are not considered employees, and thus are not eligible for minimum wage and overtime compensation. HOWEVER, the vast majority of individuals that think they are independent contractors are NOT independent contractors. Independent contractors have a broad degree of control on their hours, their pay, and their business, and can set their own wages. Employers often times classify people as independent contractors to avoid paying proper wages and employment taxes. 

 

NOT CORRECTLY PAYING YOU FOR COMMISSIONS AND BONUSES


If you are paid commissions and non-discretionary bonuses, your employer must pay you overtime on these earnings.  Commissions and bonuses are wages and need to be included in determining what overtime compensation is due to you.


NOT PAYING YOU FOR CLOTHES CHANGING OR WALKING TIME


Regardless of whether you are a Union employee or a non-Union employee, clothes changing and walking time is generally considered time that should be paid for. While this area of law is still developing, it is becoming more common for Courts to require employers to pay for clothes changing (“donning and doffing”) time and walking time, regardless of your Union membership. In fact, you may not even need to bring this issue up with the Union before you seek recovery. 

 

NOT PAYING YOU FOR LUNCH TIME AND BREAK TIME 


If your employer gives you breaks and lunches, but requires you to work through them, the time may be compensable. Moreover, your employer should pay you for breaks that are under 20 minutes. Your employer should also pay you for breaks longer than 20 minutes if they tell you to perform work-related activities.

 

NURSING MOTHERS TIME TO EXPRESS AND/OR NURSE


Under new federal law, employees are required to give nursing mothers time and a private location to express milk for their children. These changes also mandate that employers provide breaks for nursing mothers. Previously, federal law did not require companies to provide breaks to workers. These new requirements are effective immediately.

NOT PAYING EMPLOYEES WORKING FROM HOME FOR ALL HOURS


Many remote or virtual employees are not paid correctly because their employer doesn’t track all of their work hours. If you are working remotely or from home, and you are not paid for all of your hours, you may be eligible to receive back wages. 


NOT PAYING YOU FOR ON CALL TIME


Some employers require employees to be “on call”  in order to find out whether or not they have to work. The law severely restricts

what an employer can require in an on call policy, if they are not paying the employee.  If you are limited in what you can do while you are on call, you may be entitled to be paid for this time. 


STATE WAGE LAW


In addition to federal protections, many states have laws that protect employees’ rights to fair pay.  For example, the Kansas Wage Payment Act protects employees from wrongful deductions, and the Kansas Minimum Wage Maximum Hours Law affords overtime and wage protections in addition to the FLSA.  Even if you are exempt under the FLSA, you may have additional protections under your state law.

 
RETIREMENT, PENSION AND OTHER BENEFITS


Employee benefits are part of an employee’s compensation, including things such as rather insurance, vacation, reimbursed expenses, company sponsored trips, and compensation for job-related injuries. Companies are not allowed to create or operate benefit plans that violate the law. The Employee Retirement Income Security Act (ERISA) contains rules about certain types of employee benefits. ERISA establishes certain rules that must be followed by employers offering retirement plans, pension plans, or health-care plans for their workers. Individuals may also hire a class action lawyer or employment lawyer in some instances to enforce their benefit plans or to appeal a benefit plan decision.

 
JOB DISCRIMINATION


In general, employers may not discriminate against employees based on their age, sex/gender, race, pregnancy, national origin, religion, sexual orientation, military status, marital status, or disability.  This rule may also apply to supervisors, depending on the situation. If you have been discriminated against due to age, gender, pregnancy, national religion, sexual orientation, military status, marital status or disability, you may be entitled to protection under the law. 


HARASSMENT AT THE WORKPLACE


Employers, as well as fellow employees, are accountable for unacceptable working conditions and unequal treatment, including age discrimination and sexual harassment. You should not be treated differently because of a difference in ideas, gender, or age. Unwelcome sexual advances, requests for sexual favors, or verbal or physical harassment that is sexual in nature is frequently a disregarded type of job discrimination that can happen in many ways, from either gender. 


WRONGFUL TERMINATION


If you have been wrongfully fired by your employer, you may be entitled to relief. For example, if you complained of illegal conduct or other activities, you may be entitled to protections under the law. In addition, you may have other claims, such as wage-related claims, or claims for discrimination and harassment. 


RETALIATION


Retaliation happens when a company fires, demotes, or otherwise harms workers who have exercised their rights in the workplace. Companies and individuals may not get revenge against people who engage in conduct protected by law. Whistleblower violations occur when a company or individual takes negative action against a worker who reports illegal activity, refuses to commit an illegal act, or helps with the investigation of potential unlawful activity. Workers who suffer retaliation may have claims against their employers. 


BREACH OF CONTRACT


Breach of contract claims are claims brought by employees because the employer is not performing their obligations as promised. They may be based on a written or oral agreement, or may be implied by the parties’ actions.