Ted H.S. Hong attorney at law, lllc

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A lot of people ask me about why I charge a Consultation Fee of $300. Employment Law is different from other areas of the law. For example, with a traffic accident case, a lawsuit can be filed shortly after the accident. So a number of attorneys provide free consultations to individuals because a decision on filing a lawsuit can be made shortly after.

For people with Employment Law issues, the situation is a lot more complicated. Employment law requires employees and former employees to follow a “process” or protocol in order to address their issues. The purpose of meeting with me is to find out where you are in that required process and what options you may have.

The consultation fee is to make sure that only people who are serious about pursuing a path that may result in a lawsuit meet with me. The fee is also based on my years of training and experience to help guide you to the next steps. You are getting the benefit of my real world experience in employment law and other areas of the law. That is why a Consultation Fee is required.

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Appropriate classification of employees is critical

On Behalf of | Jul 27, 2023 | Employment Law |

After clocking in at your job, you expect that you will receive fair pay for the number of hours that you were on the job. You likely trust that your employer will calculate the accurate amount of pay you should be receiving, and because of this trust, you may not even look too closely at your pay stubs. However, a closer look at your records may reveal that you have not been receiving the amount you should be. Underpayment of employees is illegal, and if you are a victim, you do not have to remain silent.

One of the main reasons why employees do not receive the full amount of pay they deserve is due to misclassification. Employees are generally classified as exempt or non-exempt based on their job description and other factors. If wrongly classified, you may not receive the exact amount of payment your employer owes you. It is in your interests to understand your job classification, your specific duties and your rights as an employee in Hawaii.

Are you exempt or non-exempt?

There are certain factors that will determine whether you are exempt or non-exempt. If you suspect that your employer is not paying you correctly, you will benefit from learning more about the differences between the two, which include:

  • Exempt employees – In most cases, exempt employees are those who hold administrative and managerial positions. They most likely earn a salary versus an hourly wage, and they have higher-level positions with their employer.
  • Non-exempt employees – Non-exempt employees are those who earn an hourly wage, and they are entitled to overtime pay if they work more than 40 hours per week. Non-exempt employees usually perform more manual or technical duties.

If you are a non-exempt employee but you are not receiving overtime pay for the extra hours you worked, it is possible that your employer has misclassified you. Incorrect pay should be addressed immediately, and you have the right to seek any additional pay to which you have a legal claim.

Protecting your employee rights

When employers violate the rights of those who work for them, victims do not have to remain silent. If you believe that your employer has improperly classified you and, as a result, you are not receiving the accurate amount of pay, you may benefit from seeking a professional opinion regarding your legal options. The civil justice system offers you an option by which you can seek fair payment and compensation.

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