A lot of people ask me about why I charge a Consultation Fee of $350. 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.

The common forms of wage theft and how to identify them

On Behalf of | Feb 20, 2025 | EMPLOYMENT LAW (EMPLOYEE) - Wage & Hour Laws |

Wage theft occurs when employers do not pay workers their rightful earnings. This illegal practice can significantly impact employees’ financial well-being. Recognizing the signs of wage theft is crucial for protecting your rights and ensuring fair compensation.

Could you be a victim of wage theft?

Wage theft can take various forms, often leaving employees unaware they are shortchanged. Here are some common types and how to spot them:

  • Unpaid Overtime: Employers may not pay the required 1.5 times the regular wage for hours worked beyond 40 in a week.
  • Violations for minimum wage: Paying employees less than the state-mandated minimum wage, which is higher in Hawaii than the federal rate.
  • Illegal Deductions: This includes unauthorized deductions from paychecks for uniforms, equipment or other business expenses.
  • Misclassification: Incorrectly labeling employees as independent contractors or exempt to avoid paying overtime or benefits.
  • Off-the-Clock Work: Requiring employees to work before clocking in or after clocking out without pay.

Understanding these forms of wage theft can help you identify potential issues in your paycheck. According to Hawaii law, violating the state’s minimum wage is a misdemeanor offense. If you believe your employer is engaging in wage theft, take action to protect your rights. First, document all hours worked and keep copies of pay stubs. Next, discuss the issue with your employer to clarify any misunderstandings.

If the problem persists, file a complaint with the Hawaii Department of Labor and Industrial Relations or seek help from a legal professional who can provide further guidance.

Protecting your rights

Wage theft undermines fair labor practices and can severely affect your livelihood. By understanding the common forms and knowing how to respond, you can safeguard your rights and ensure you receive the compensation you deserve. Stay informed and proactive to protect yourself from wage theft.