There are strict requirements in both Federal and State law governing the payment of employees and workers in the workplace. These requirements mandate that an employer compensate its employees for all time worked including overtime, minimum wage, meal and rest periods. In addition, specific requirements mandate that employers provide employees with proper compensation and records within a mandated timeframe.

If an employer violates the rules regarding overtime, meal and rest periods, or minimum wage, the employer can be responsible for unpaid overtime, penalties, interest and attorneys' fees. In many states, including California and New York, an employee is entitled to overtime unless they fall under a specific category of employment. These may include certain executive, professional, or administrative employees. However, the classification is very specific and follows certain criteria. The consequences of misclassifying an employee can be significant.

Unfortunately, there are many employers who intentionally exploit individual employees based upon the notion that the employee fears termination or retaliation if he raises the issue. Retaliation by an employer can raise even more significant consequences and an individual employee should not be afraid to pursue the compensation that rightfully is theirs. Moreover, often employees are not aware that they are being underpaid or are entitled to overtime. We do not charge for simple consultations with employees or employers.

We regularly represent employees and employers in matters involving :

We do not charge employees unless we recover on your behalf. If you feel you have not received proper compensation for your employment feel free to contact us today. In California, please call us at (949) 500-2818. For services in the New York Metropolitan area, please call us at (949) 500-2818. You may always email Erik McLain directly at em@mclainfirm.com. We look forward to assisting you.