Wage and Hour Claims

In South Carolina, your employer is required to obey all wage and hour laws when paying their employees. If you haven’t received all the wages you are entitled to; you may be able to file a wage and hour lawsuit to seek any back pay and other damages that may be due you.

Wage and Hour Violations in South Carolina

The Fair Labor Standards Act is meant to regulate the wages your employer is required to pay you. You and your Greenville, South Carolina employment lawyer may take any of the following actions should your employer violate any laws:

  1. Not paying at least the minimum wage to their employees
  2. Not paying overtime pay of one and one-half times the standard rate of payment if you work more than 40 hours per week.
  3. Classifying you as being exempt from overtime rules even though you aren’t exempt. In South Carolina, your employer doesn’t have to pay overtime to certain types of employees, such as managers. However, many times your employer may misclassify you to avoid paying you the overtime you may be entitled to under the law.
  4. Classifying you as an independent contractor when you are an employee. Many South Carolina employers do this to avoid paying you minimum wage or avoid overtime and other employment laws.
  5. Requiring you to work through your breaks or perform your job before clocking in or after you’ve clocked out.

Any of the above behaviors by your employer may be enough to allow you to file a wage and hour lawsuit.  If you believe your employer violated the wage and hour laws both Federal and those in South Carolina, you should contact the Greenville civil litigation attorneys at Briggs Law Firm. 

Lawsuits Involving Wage and Hour Claims in South Carolina

There are several types of damages you could be awarded in a South Carolina wage and hour lawsuit.  They include:

  1. Actual costs for the wages your employer should have paid to you.
  2. Liquidated damages: Liquidated damages are like a penalty to the employer for their violation(s).

In any South Carolina wage and hour dispute, you should get advice from a South Carolina civil litigation lawyer as soon as possible. The statute of limitations for specific federal wage cases is two years. After that, you may not be able to file a lawsuit that seeks damages.

Wage and Hour Lawyers in South Carolina

The Briggs Law Firm in Greenville, S. C. has helped workers like you to file wage and hour lawsuits in South Carolina.  In many cases, our client’s employers have illegally withheld owed minimum wages, overtime pay, and other money from their employees. While every wage and hour case is different, they can generally be divided into several categories that include:

  1. Unpaid Overtime: The Fair Labor Standards Act is a federal law that provides payment of overtime wages to individual employees. While some employees are exempt from paid overtime, if you are non-exempt, you should be paid for any hours worked over 40 hours per week.
  2. Servers and Tipped Employees: If you are a server, bartender, or another employee that is tipped and paid less than minimum wage, there are rules your employer must follow. The Briggs Law Firm in Greenville has handled many cases involving food and beverage workers who are owed a large number of unpaid wages. 

Sometimes in the food and beverage industry your employer may operate an unfair tip pool, ask servers/bartenders to do work that you aren’t tipped for, such as cleaning the bathrooms, require you to spend 20% of your time doing side work or other duties, or need you to pay for customer walkouts or breakage out of your tip money. 

  1. Unpaid Wages: The South Carolina Payment of Wages Act is the governing law of employee wages. South Carolina wages include almost all amounts you receive, including salary, hourly pay, or contract pay. Recently, South Carolina courts have said that payments may consist of tips that tipped employees are paid. 

If you have any questions regarding unpaid wages or any other wage and hour concerns, you should contact the Greenville, South Carolina employment lawyers at Briggs Law Firm.  We have the knowledge, skill, and experience to fight for your wage and hour rights in South Carolina.

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