St. Louis Wage and Hour Claim Lawyer

Wage and Hour Attorney in St Louis, MO.

Burger Law is a personal injury law firm that specializes in wage and hour claims. In Missouri, wage laws are governed by the Fair Labor Standards Act (FLSA) and the Missouri Wage and Hour laws. These Fair Labor Standards Act laws cover minimum wage, overtime pay, classification of employees as exempt or non-exempt and a number of other key issues.

Burger Law’s wage and hour lawyers understand that employees are entitled to compensation for the hours they have worked and should be paid at least twice a month, with some exceptions. The way an employee is paid will depend on whether he/she is classified as exempt (salaried and therefore not entitled to overtime pay) or non-exempt (hourly and therefore entitled to overtime pay for time worked more than 40 hours in a week). If you believe that you’re not being paid fairly, contact the wage and hour attorneys at Burger Law to get started on your free case evaluation.

Burger Law Videos

• Personal Injury
• Car Accident
• Truck Accident
• Workers Compensation
• Medical Malpractice
• Product Liability
• Premises Liability
• Nursing Home Abuse
• Legal Malpractice

Fighting for Compensation

Head Injury Symptoms

What to Do if You Are Injured in a Store

Back and Neck Injury Lawyers in St Louis

What is the Average Personal Injury Settlement Amount?

Our Dedication to Clients

Auto Accident Law Firm

Car Accident Case Result

When is it WORTH IT to Hire a Lawyer for an Accident

Is It Worth It To Get A Lawyer for A Car Accident Case?

What Makes Burger Law "Better" At Managing Car Accident Claims?

DeAndre Redmond Testimonial Final

How Do you know if you have a Truck Accident Case?

Bradley Powell Testimonial

What are the common Truck Accident Claims?

Truck Crash Injury Lawyer

What is my Truck Accident Claim worth?

What is my Truck Crash Claim Worth?

George Robinson Testimonial

Workers Compensation Claims

Biggest Mistakes to Avoid in a Worker's Compensation Claim

Can An Employer Fire You If You File For Workers Compensation?

How do you Win a Truck Accident Case?

Truck Accident Lawsuit Case Result

What is Tort Reform in Missouri?

How Do I File a Medical Malpractice Case?

Common Hurdles in Medical Malpractice Cases

Do I Have a Medical Malpractice Case?

What Makes A Medical Malpractice Case

How Can I Make a Claim for Pharmacy or Pharmaceutical Drug Medical Malpractice?

What to Do if You Are Injured in a Store

Have You Been Injured from a Dangerous Product

What Do I Have to Prove to Win A Defective Product Liability Lawsuit?

When should I sue?

What Do I Have to Prove to Win A Defective Product Liability Lawsuit?

Premises Liability

Do You Have a Premises Liability Claim?

Premise Liability Rules

Property Owner Responsibility

Tenants and Premises Liability

What to do in a Premises Liability Case

Do I or My Family Have a Claim Against a Nursing Home?

Does a Loved One Have Bed Sores After Nursing Home Stay or Hospital Visit?

Malnourished in a Nursing Home

Malnourished in a Nursing Home

Unveiling Legal Secrets: Can I Sue My Own Insurance Company?

Can I Counter Sue for Court Costs?

What Do I need to Do to File a Malpractice Case

Make Sure Your Case Is Progressing

Can I Counter Sue for Court Costs?

Missouri overtime laws : minimum wage and overtime pay

A St. Louis workers’ wage rights are largely protected by two laws: minimum wage and overtime pay:

1. Minimum Wage — While it goes up every year, and in 2022 the minimum wage in Missouri is $11.15 an hour. If you are a tipped employee, your employer must pay you $5.575 an hour, plus any amount necessary to bring your total compensation to a minimum of $11.15 an hour. Some exceptions do apply, such as if you are an agricultural worker paid on a piece-rate basis, according to Missouri Revised Statute §290.507. Nor does the minimum wage supersede laws that may lead to higher wages for certain employees, or rights protected by a collective bargaining agreement. Missouri Revised Statute §290.502 stipulates that the minimum wage should be increased or decreased each year based on the cost of living.
2. Overtime pay — According to Missouri Revised Statute §290.505, any employee who works more than 40 hours in any given week must be paid for the additional hours at a rate of one and half times their hourly rate. So, if you’re hourly pay is $20, your employee must pay you at least $30 for any hours worked after the 40-hour limit was reached. Exceptions to the overtime law include:
   • Executive and other white-collar employees
   • Seasonal day camp employees
   • Domestic workers
   • Handicapped workers in a sheltered workshop
   • Commissioned salespeople
   • Some retail and service workers

It is important to note, a St. Louis employer is not violating overtime laws if they require you to work overtime, as long as you are paid what you deserve under the law.

Can a Lawyer help me get the wages I am owed?

If you are a covered employee, your employer must compensate you for:

• All the time you perform doing work for the benefit of the employer (limited exceptions apply).
• Any work that, though not requested by your employer, is permitted by your employer.
• Any work over 40 hours per week at time and a half (overtime pay).

Why Should Burger Law Handle Your Wage and Hour Claim?

• Our lawyers can travel to you to discuss your case
• Burger Law is backed by decades of experience
• We offer case evaluations at NO CHARGE
• Burger Law is listed as Top National Trial Lawyers
• Regardless of accident, we can handle your claim
• There are no fees unless we recover for you
• Our injury attorneys are recognized Super Lawyers
• Wage and hour cases receive personalized attention
• We are dedicated to recovering well for our clients
• Our representation is aggressive and results prove it

Does My Employer Have to Give Me Rest and Meal Breaks?

Missouri law does not require an employer to offer rest breaks, meal breaks or personal time off. However, the Fair Labor Standards Act requires short breaks of up to 20 minutes to be paid.

Employers can elect not to pay you for a meal break, however you do have to be compensated for time working while you are eating. For example, if you are a secretary who needs to monitor the phones while you are eating, you must be paid for that.

What Work Needs to Be Compensated?

The Fair Labor Standards Act defines the “workday” as “the period between the time on any particular day when such employee commences his/her “principal activity” and the time on that day at which he/she ceases such principal activity or activities.” That means the work you need to be paid for may be longer than your scheduled shift, depending on with pre- and post-shift activities count as your “principal activity.”

The act also defines the term “employ” as “suffering or permitting to work,” meaning work does not have to be specifically requested in order for it to be compensable. If you stay late in order to check a project for errors, even if you were not specifically asked to, you must be paid for it, including overtime if it applies.

The act also lays out some specific examples for what counts and does not count as work:

• Waiting time —Waiting time depends on if you were “engaged to wait” or “waiting to be engaged.” If you are a firefighter reading a book while waiting for an alarm, that means you were engaged to wait and need to be paid. If you show up 15 minutes early to your retail job, and have to wait for the manager to arrive to unlock the door, you are waiting to be engaged and do not have to be paid for the time you spent waiting.
• On-Call Time — If you were on call on the employer’s premises, you must be paid. If you were on call while at home or while paying attention to a cell phone, you usually do not need to be paid unless being on call led to constraints on your freedom.
• Sleeping time — If you are on duty for less than 24 hours, your employer is required to pay you for sleep time when you are not busy and sleep for less than 5 hours. If you are on duty for more than 24 hours, you can reach an agreement with your employer not to be paid for sleeping periods of up to 8 hours, as long as adequate sleeping facilities are available and you can sleep uninterrupted.
• Lectures, Meetings and Training Programs — These must be paid unless all four of the following elements are true:
  1. It is outside normal working hours
  2. It is voluntary
  3. It is not job-related
  4. No other work is being performed at the same time
• Travel time — This depends on the type of travel involved. Going from home to work is different than traveling to a different city to meet with a client. If traveling for work means you are away from home overnight, then the time spent traveling is considered work as far as it overlaps with normal working hours.

What work you deserve to be paid for depends on factors such as the specifics of your job, any contractual agreements with your employer and whether or not you are part of a union. If you believe you are not being properly compensated for tasks that should be considered work, call a St. Louis labor and wage law lawyer at Burger Law today at [wcac-phone].

What Compensation Will I Receive in My St. Louis Overtime Law Case?

Through our experience, legal knowledge and tenacity, Burger Law’s labor and wage law lawyers in St. Louis will help you receive:

• Unpaid wages — Your employer will have to pay you all of the money you should have received but did not, including overtime wages if they apply.
• Liquidated damages — According to Missouri Revised Statute §290.527, your employer will also have to pay liquidated damages, an additional amount “equal to twice the unpaid wages.”
• Attorneys’ fees — Your employer will also have to pay for your attorneys’ fees and any other costs associated with the case, so you do not have to sustain additional financial loss by hiring legal representation.
• Penalties — The court also may decide to implement punitive damages if they found the employers’ unwillingness to pay you to be especially egregious.

What Can I Do If I Am Not Being Paid Fairly For My Overtime?

If you believe your St. Louis employer is not paying you an hourly rate sufficient under law, the first thing you should do is file a minimum wage complaint with the Missouri Department of Labor. Then, reach out to a lawyer if your complaint does not reach a successful resolution.

If you believe that work essential to the performance of your job is not being paid for, reach out to a labor and wage law lawyer in St. Louis immediately. It is very possible your employer is already aware they are taking advantage of you and have a legal defense laid out. Talk to your coworkers to find out if they are being treated the same. If so, you may be able to file a class action labor and wage law lawsuit.

Some employers have job requirements that force employees to perform job-related tasks “off the clock.” That means that an employee might have to perform work or work-related activities before their official work shift starts and after their official work shift ends. These additional uncompensated activities can add up to a lot of unpaid wages. Furthermore, if an employee already works a 40 hour work week, this uncompensated work could mean that the employer is liable for over-time pay. These situations often come up when an employer has specific requirements that an employee has to fulfill before starting work, and the employer does not pay its employees for fulfilling those requirements. If your employer requires that you put on a specific uniform, gear or equipment before starting work, and does not pay you for the time it takes, you might have a wage and hour claim.

Wage and Hour Violation Lawyer

Burger Law can help you get the Wages you are owed

Our most recent victory involves the Missouri Correctional Department and our victory of 113 Million for the Correctional Officers of Missouri. We fought hard and made sure that these public servants were rewarded the pay they deserved. Our Attorneys can fight for your wage violations as well. We also take on these others types of workers compensation claims:

• Workplace Safety
• Work-Related Injuries
• Eye Injuries
• Back Injuries
• Workplace Injuries
• Workers’ Comp Injuries
• Work Accident
• Slip and Fall Accident
• Lost Wages
• Employer Negligence
• Hardship Hearings

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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