WASHINGTON, D.C. NONPAYMENT OF WAGES AND FAIR LABOR STANDARDS ACT (FLSA)

The attorneys at The Employment Law Group® represents employees whose employer withheld wages, refused to pay overtime, or otherwise violated the employee’s rights.  The federal government, Washington, D.C., and many states have enacted laws establishing a minimum wage and other regulations affecting wages, overtime payments, and other employment practices.

What kinds of employment practices are prohibited under the law?

Which federal law sets the national minimum wage and prohibits employers from withholding wages? 

How do Washington, D.C. labor laws differ from similar federal laws? 

What forms of compensation are available to an employee when his or her employer violates Washington, D.C. labor laws? 

Are salaried employees entitled to overtime? 

Am I entitled to overtime pay if my employer classifies me as exempt? 

Is the employer required to pay overtime when the employer did not authorize overtime? 

Can employees waive their right to overtime pay? 

Can an employer require employees to work overtime? 

Can an employer require its employees to pool tips? 

Is an employer allowed to deduct credit card processing fees from its employees’ tips? 

Is a mandatory service charge equivalent to a tip? 

Are immigrants protected by labor laws? 

Must employers keep payroll records? 

Are employers allowed to withhold wages from a terminated employee? 

Can an employer retaliate against an employee for reporting violations of federal and Washington, D.C. labor laws? 

What should I do if my employer is violating federal or Washington, D.C. labor laws or has retaliated against me for reporting violations? 

 

What kinds of employment practices are prohibited under the law?  Back to top.

The most common violations include:

  • Minimum wage violations
  • Failure to pay overtime
  • Failure to provide required meal breaks and rest periods
  • Improperly pooling tips among employees or retaining tips

Which federal law sets the national minimum wage and prohibits employers from withholding wages?  Back to top.

The Fair Labor Standards Act (FLSA) sets the national minimum wage, which is $7.25 per hour as of July 24, 2009.  The law also prohibits employers from withholding wages and regulates the calculation of overtime payments and other common employment practices. 

How do Washington, D.C. labor laws differ from similar federal laws?  Back to top.

Washington, D.C. labor laws generally provide better protections and benefits for employees.  For example, as of July 24, 2009, the minimum wage in Washington, D.C. is $8.25 per hour, a rate higher than the national minimum wage.

What forms of compensation are available to an employee when his or her employer violates Washington, D.C. labor laws?  Back to top.

A prevailing employee may be entitled to:

  • Reinstatement
  • Wages owed including overtime
  • Penalties and sanctions
  • Attorney’s fees

Are salaried employees entitled to overtime?  Back to top.

A salaried employee may be entitled to overtime pay depending on a number of factors, including the employee’s exempt status.  Contact an attorney to review your classification and to determine if you are entitled to overtime pay.

Am I entitled to overtime pay if my employer classifies me as exempt?  Back to top.

You may be entitled to overtime pay if your employer has misclassified you as an exempt employee.  Contact an attorney to review your classification and to determine if you are entitled to overtime pay.

Is the employer required to pay overtime when the employer did not authorize overtime?  Back to top. 

Yes.  Employers are required to pay overtime even though the overtime was not authorized.

Can employees waive their right to overtime pay?  Back to top.

No.  Employers are required to pay employees overtime and minimum wages even if the employee agrees to work for a lower wage.

Can an employer require employees to work overtime?  Back to top.

Yes, but the employer must pay the overtime rate.

Can an employer require its employees to pool tips?  Back to top.

A tip is money a customer leaves for an employee over the amount due for the goods sold or services rendered.  Tips belong to the employee, not to the employer.  However, an employer can require employees to pool tips with other employees who provide direct table service.  For example, a waiter may have to pool tips with busboys and bartenders, but should not pool tips with management, dishwashers, or cooks.

Is an employer allowed to deduct credit card processing fees from its employees’ tips?  Back to top.

No.  The employer must pay the employee the full amount of the tip.   

Is a mandatory service charge equivalent to a tip?  Back to top.

No.  A tip is voluntarily paid to an employee, while a mandatory service charge is a contractual amount paid to the establishment. 

Are immigrants protected by labor laws?  Back to top.

Yes.  Immigrants are protected by  labor laws from abusive employment practices regardless of their national origin or immigration status.

Must employers keep payroll records?  Back to top. 

Yes.  Every employer must maintain comprehensive payroll records on each of its employees. 

Are employers allowed to withhold wages from a terminated employee?  Back to top.

No.  Employers are prohibited from withholding wages from a terminated employee. 

Can an employer retaliate against an employee for reporting violations of federal and Washington, D.C. labor laws?  Back to top. 

No.  An employer is prohibited from retaliating against an employee in any way for reporting federal or Washington, D.C. labor law violations.  Prohibited forms of retaliation include firing, demotion, suspension, harassment, threats, or any conduct that would dissuade a worker from reporting a violation.

What should I do if my employer is violating federal or Washington, D.C. labor laws or has retaliated against me for reporting violations?  Back to top.

Keep a detailed and contemporaneous log of the hours you worked and contact The Employment Law Group® law firm at 888-603-0983 or inquiry@employmentlawgroup.com to discuss your potential claim. 

 



Contact Us 24/7

1-202-331-3911

Contact

THE EMPLOYMENT LAW GROUP®

Toll Free: 888-603-0983

inquiry@employmentlawgroup.com

888 17th Street, NW
9th Floor
Washington, DC 20006
Phone: 202-331-3911
Fax: 202-261-2835
Directions

Los Angeles Wesite
10940 Wilshire Blvd.
Suite 1600
Los Angeles, CA 90024
Phone: 310-694-8086
Directions

San Francisco Website
Citigroup Center
1 Sansome Street, Suite 3500
San Francisco, CA 94104
Phone: 650-763-3445
Directions

Maryland Website
9701 Apollo Drive
Suite 301
Largo, MD 20774
Phone: 240-767-6500
Directions


 

The Employment Law Group® is headquartered in NW Washington, D.C., located two blocks north of the White House on the corner of 17th and I Streets, NW. The offices are conveniently accessible by Metro from the Farragut North (Red Line) and Farragut West (Blue and Orange) Metro stops. There is also ample parking in surrounding parking garages.



ABOUT THE FIRM

The Employment Law Group® law firm represents employees nationally who have blown the whistle on corporate fraud and abuse and who have been the victims of discrimination, harassment, or other violations of their civil rights. With offices in Washington, D.C., San Francisco, and Los Angeles, Washington, D.C., The Employment Law Group® law firm’s seasoned trial attorneys have earned a highly desirable record of favorable settlements and verdicts on behalf of its clients.



Make An Online Payment
paypal