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Serious injuries deserve experienced attorneys
At Cohen & Cohen, we represent employees who have been denied fair pay under the law. Whether it’s unpaid overtime, off-the-clock work, or being misclassified as exempt, wage violations can have a serious impact on your income and financial stability. We know that many workers are hesitant to speak up for fear of retaliation or job loss—but the law is on your side, and we’re here to help you take action.
FLSA Lawyer Washington DC
The Fair Labor Standards Act (FLSA) is a federal law that sets rules for minimum wage, overtime pay, and work hours. It applies to most employers across the country and is designed to protect employees from unfair pay practices. When employers fail to follow FLSA rules, they may owe back pay, penalties, and damages to the affected workers.
Our Washington DC FLSA lawyer lawyer can help employees who are dealing with a range of wage and hour violations, including:
- Unpaid overtime for hours worked over 40 in a week
- Being required to work off the clock before or after a shift
- Misclassification as an independent contractor or salaried worker
- Tip pooling arrangements that violate federal guidelines
Some employers cut corners to reduce payroll costs, especially in industries like hospitality, construction, retail, and healthcare. Others may misunderstand the rules and unintentionally violate the law. Either way, it’s the employee who loses out on wages they earned. The FLSA gives you the right to recover that money, even if you’re no longer with the company.
Employees may also face pressure to stay silent or accept less pay than they’re owed. That’s where legal representation makes a difference. We help clients gather time records, schedules, and communications to calculate exactly what is owed. In some cases, we work with other employees to file collective actions, increasing the impact of the claim and helping everyone recover together.
Why Workers Choose Our Team for Wage Disputes
At Cohen & Cohen, we’ve helped employees in DC and beyond recover unpaid wages and stand up to unfair treatment. We know what to look for in time records and payroll policies and have taken on employers of all sizes—from small businesses to national corporations.
In one case, we represented a group of hourly workers required to work through unpaid lunch breaks and after their scheduled shifts. By comparing time records to policy manuals and internal emails, we showed that the company had a pattern of denying overtime. The result was a six-figure recovery split among multiple workers.
Our team listens carefully, explains every step, and helps you decide the best approach for your situation. Whether that means filing a claim quietly or pursuing a public case, we’re committed to protecting your rights without adding extra stress.
Talk With Our Lawyer About Recovering Unpaid Wages
If you’ve been underpaid or misclassified, don’t wait to take action. A Washington DC FLSA lawyer lawyer at Cohen & Cohen can review your case and help you move forward. Contact us today for a free consultation—we’re here to help you get the pay you’ve earned.
Types of FLSA Cases We Handle
Workers deserve to be paid fairly for the time they spend on the job. When employers fail to follow federal wage laws, it can lead to significant financial harm—especially for hourly workers who depend on every paycheck. At Cohen & Cohen, we handle a wide range of cases involving violations of the Fair Labor Standards Act (FLSA). We help workers recover the wages they’ve earned and hold employers accountable for unfair practices. Whether you’re dealing with unpaid overtime or were misclassified as exempt, our team is ready to stand with you.
Unpaid Overtime for Hourly Workers
One of the most common FLSA violations involves unpaid overtime. Under federal law, employees who work more than 40 hours in a single workweek are generally entitled to overtime pay at one-and-a-half times their regular rate. Despite this, many employers either miscalculate hours, fail to track them correctly, or avoid paying overtime altogether.
We assist clients who’ve experienced:
- Time shaved off their total hours by management or payroll
- Forced unpaid work before or after clocking in
- Overtime disguised as bonuses or flat pay
In many cases, employees don’t even realize they’re being shorted until they speak with someone who can help them evaluate their pay history.
Off-the-Clock Work and Break Violations
Some employers expect staff to complete tasks before they officially start their shift or after they’ve clocked out. This off-the-clock work is illegal under the FLSA when it’s not counted toward total hours worked. Similarly, requiring employees to work through unpaid meal breaks—without proper compensation—is another common violation.
We help clients gather time logs, shift schedules, and witness accounts to show how their time was used and how their pay was affected.
Employee Misclassification
Another type of case we handle involves misclassification—where workers are wrongly labeled as independent contractors or salaried employees to avoid paying overtime. While some positions do qualify as exempt under the law, many do not. The classification should be based on job duties, not just job titles.
Misclassification can lead to lost wages, missed overtime, and lack of legal protections. We work with clients to evaluate their job responsibilities and compare them to FLSA guidelines to determine if the classification was legal.
Improper Tip and Service Charge Distribution
In industries like hospitality and food service, tip-related wage violations are common. Employers may unlawfully pool tips, take deductions for credit card fees, or fail to make up the difference when tips fall short of minimum wage. Service charges added to a bill are often kept by the business—when they should go to employees.
We represent tipped employees in actions to recover improperly withheld income and correct illegal pay practices.
Speak With a Legal Team Focused on Fair Pay
If your employer has withheld wages, failed to pay overtime, or misclassified your job, you may be entitled to recover compensation. A Washington DC FLSA lawyer at Cohen & Cohen can help you understand your rights and take legal action if necessary. Contact us today for a free consultation—we’re ready to help you move forward.
7 Steps Our Lawyer May Take in an FLSA Case
When employees aren’t paid what they’re owed, the Fair Labor Standards Act (FLSA) gives them the right to recover lost wages. But taking that step can feel uncertain—especially when you’re up against an employer who may try to deny wrongdoing or pressure you to stay silent. At Cohen & Cohen, we help workers move forward with a clear, structured legal process. If you believe your pay was mishandled, here are the typical steps that may unfold during an FLSA case.
Evaluate Pay Records and Work Hours
The first step involves collecting your paystubs, time logs, job descriptions, and any communications about your hours or duties. We use this to identify specific violations such as unpaid overtime, missed breaks, or improper deductions. Whether you were misclassified or asked to work off the clock, these records help us understand the scope of the issue.
We also look at how your job duties align with FLSA exemption rules. Many salaried or contract employees are misclassified, which allows employers to avoid paying overtime when they’re actually required to.
Assess Whether a Lawsuit Is the Right Option
Not every pay dispute becomes a lawsuit. Some cases are resolved informally through a demand letter, especially if the employer is open to correcting the issue quickly. In other situations, it’s necessary to file a formal claim to recover unpaid wages, penalties, and damages. We walk you through your options based on your goals and the available evidence.
If more than one worker is affected by the same issue, we may also explore filing a collective action, which allows multiple employees to pursue a case together.
File a Complaint in Federal Court
Once a decision is made to move forward, we prepare a complaint that outlines the wage violations, your employment details, and the legal basis for the claim. This is filed in federal court, and the employer is served with notice. They must respond within a specific timeframe, usually by filing an answer or motion to dismiss.
This filing officially starts the litigation process and sets the timeline for the next steps.
Exchange Information Through Discovery
Both sides have the right to request information from each other. This includes payroll records, work schedules, internal policies, and statements from supervisors. Discovery helps clarify what happened and supports the case by providing documents and witness testimony.
During this phase, we may also take depositions to get sworn statements that can be used later in court or settlement negotiations.
Attend Settlement Discussions or Mediation
Many FLSA cases settle before trial. Mediation is often used to bring both sides together to reach an agreement. If the employer is willing to make a fair offer, we help negotiate compensation that covers back pay, liquidated damages, attorney’s fees, and other losses.
If an offer doesn’t meet your needs, we continue preparing for trial.
Prepare for Trial If Needed
If settlement isn’t reached, we move forward with trial preparation. This includes finalizing witness lists, presenting evidence, and making legal arguments in court. A judge or jury will then decide the outcome and award damages if the employer is found liable.
Finalize Compensation and Case Closure
Once a resolution is reached—through either settlement or court judgment—we help you receive your payment. In some cases, there may be a court order requiring the employer to correct their practices going forward.
Washington DC FLSA FAQ
Wage and hour violations are more common than many workers realize. Whether it’s unpaid overtime, withheld tips, or being misclassified as exempt from wage laws, these issues often go unaddressed for too long. The Fair Labor Standards Act (FLSA) sets the national standards for minimum wage, overtime pay, and recordkeeping for employers. When those rules are violated, workers have the right to speak up and seek back pay. If you believe your employer may have broken the law, understanding your rights under the FLSA is an important step toward getting what you’re owed.
Who is protected under the FLSA?
The FLSA covers most employees in both the private sector and government jobs. If you work for a company involved in interstate commerce, or if the business earns a certain amount in annual revenue, you’re likely covered. This includes full-time, part-time, and temporary workers. However, some employees are classified as exempt from overtime under specific job duties and salary thresholds. Misclassification is common, especially in jobs labeled as “salaried” but that don’t meet the legal criteria for exemption. If you’re not being paid overtime when you work over 40 hours a week, it’s worth looking into whether you’re being properly classified.
What types of violations fall under the FLSA?
Common violations include unpaid overtime, not meeting minimum wage, requiring off-the-clock work, failing to pay for breaks that should be compensated, and illegal tip-sharing arrangements. Some employers also fail to keep accurate time records or intentionally misclassify employees as independent contractors. These practices can affect workers in many industries, including food service, retail, healthcare, construction, and hospitality. Whether the issue involves underpayment or wrongful deductions, the FLSA gives employees the right to recover unpaid wages and, in some cases, additional damages.
Why should someone take legal action under the FLSA?
Taking legal action allows employees to recover unpaid wages and protect their rights going forward. In many cases, you may also be entitled to “liquidated damages,” which means you could recover double the amount of unpaid wages. Legal action can also help prevent the employer from continuing unlawful pay practices. Many workers hesitate to speak up out of fear of retaliation, but retaliation itself is illegal. The FLSA protects employees from being fired or punished for filing a complaint or lawsuit. Seeking legal advice can clarify whether your rights were violated and what steps to take next.
How can a law firm help with an FLSA claim?
A law firm can review your pay records, work schedule, and job duties to determine if you’ve been treated fairly under the law. At Cohen & Cohen, we help workers who believe they’ve been underpaid or misclassified. If you’re looking for a Washington DC FLSA lawyer, our team can evaluate your situation, explain your legal rights, and pursue claims for unpaid wages. We handle both individual claims and group wage cases when multiple employees are affected by the same violations. Legal support can make it easier to stand up against unfair employment practices.
Who can file a complaint or lawsuit for wage violations?
Any current or former employee who has been denied proper wages under the FLSA can file a claim. You don’t need to have lost a large amount of money—any unpaid wages count. You can file a complaint through the U.S. Department of Labor or choose to bring a private lawsuit. In some cases, groups of employees may file together as part of a collective action. Claims must usually be filed within two years of the violation, or three years if the violation was willful. Taking action early helps preserve evidence and strengthens your case.
Talk With a Legal Team That Stands Up for Workers
If you’re missing overtime pay or believe you’ve been misclassified, it’s time to get help. Our Washington DC lawyer at Cohen & Cohen can review your case and guide you through the process. Contact us today for a free consultation—we’re ready to help you take the next step.
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