Q .Is there a charge to talk to a lawyer who will evaluate my wage and hour claim?
A. No. A qualified attorney at Maged & Rost, PC will discuss and evaluate your claim at no cost or obligation to you.
Q. If I file a wage complaint against my employer, can my employer retaliate against me?
A. Massachusetts law specifically prohibits an employer from retaliating against an employee for filing a wage complaint.
Q. What if my co-workers are in a similar situation to mine and have also not been paid wages earned or overtime, can we sue together?
A. Yes, there are provisions under both the Massachusetts and Federal laws that allow either a class action or a collective action to be brought on behalf of similarly situated employees.
Q. How is your law firm paid for wage and hour cases?
A. Once you have retained our firm and we have accepted your case, we enter into an Agreement for Representation that describes in detail how we are paid. In addition to reimbursement for costs incurred (such as court filing fees), we are paid only at the successful resolution of a claim either the amount awarded by the Court as Attorney's Fees or one-third of sum of the amount of the award or settlement and any court-awarded fees, whichever is greater.
Q. I am not in lawful immigration status, am I still entitled to be paid minimum wage and overtime?
A. Absolutely, our firm has recovered and has been awarded tens of thousands of dollars on behalf of undocumented workers. Your immigration status has no bearing on your right to be paid for wages earned.
Q. I am a foreign-national and my employer has paid me less than indicated on my H-1B petition, am I entitled to collect money I have earned at the promised rate of pay?
A. Maged & Rost, PC concentrates in US Immigration and Nationality Law and we would be happy to review your particular situation absent any conflict of interest with any current or former employer clients. Generally speaking, beneficiaries must be paid the wage indicated in the Labor Condition Application that is filed with the Department of labor and submitted to the USCIS as part of the H-1B package.
Q. Does my employer have to keep payroll records?
A. Yes, and the employer is obligated by law to provide you with such records upon request.
Q. How long will it take for me to get my unpaid wages and overtime?
A. It depends on several factors such as whether the employer settles or chooses to fight the claim and the financial viability of the employer. Given that Massachusetts law now provides for mandatory treble damages,costs and attorney's fees if an employee prevails in a wage claim, most smart employers (or their lawyers) choose to settle such viable claims. However, depending on the amount being claimed and whether the employer believes it has valid defenses, it may choose to take the case to trial which could take up to several years. Keep in mind that if you have a solid case, the rate of interest you will be earning from the time suit is filed to the date of judgment is cuurently 12% annually which beats having your money anywhere else in this economy!
Q. What documents should I have ready for my case evaluation?
A. The more the better. Documents such as pay slips, time records/logs are useful. Anything else in your possession that you think might be useful should be collected and preserved.
Q. My employer pays me less than the minimum wage in cash, do I have a claim?
A. Probably. Your employer is obligated to take certain deductions and provide you with a pay slip explaining the deductions. Your employer is also required to keep payroll records and in most instances pay the $8.00 hourly minimum wage and overtime to employees.
Q. Could I just sue my employer myself?
A. Yes. However, an experienced attorney will probably achieve better results given that the laws and procedures for filing suit can often be tricky. Moreover, given that attorney's fees are awarded to you if your prevail and there is no cost to you if you lose, why would you not want to be represented?
Q. My employer says I am an independent contractor and am therefore not entitled to overtime, is this true?
A. Although an independent contractor would not be entitled to overtime, just because your employer says you are an independent contractor that doesn't make it so. Massachusetts has very strict laws as to who qualifies as an independent contractor. The presumption is that workers are employees rather than independent contractors unless a strict three-prong test is satisfied.