Fighting for American Workers

Types of Wage Theft



Overtime

Federal law protects most employees’ right to overtime compensation when working more than forty hours in a workweek. The required overtime rate is 1.5 times the workers regular hourly rate. The law includes a limited number of exemptions for certain workers. 

Employers use a number of illegal methods to avoid the payment of overtime. Some of the most common scams include:

Employee Misclassification. Misclassifying workers as independent contractors rather than employees or misclassifyifying employees as exempt from overtime laws when they are not.

Creating False Records. The employer, not the employee is responsible for making sure that time records are detailed and accurate. Manipulating how time is recorded is a common method of avoiding the payment of overtime.  The three common forms of records fraud are:

Requiring or permitting non-exempt workers to work off-the-clock before or after they begin recording their time. Employers cannot tell their employees to punch out and keep working. Employers cannot tell their workers to show up for work and then wait before punching in.

Time shaving or falsififying time records to make them appear as though employees worked less than forty hours in a workweek.

Requiring non-exempt employees to record no more than forty hours of work, regardless of the number of hours they actually worked.

Many states have stronger overtime protections than that provided by federal law. For example, state law may require that workers begin receiving overtime after an eight hour workday.  In addition, many states have more stringent definitions for independent contractors and/or exempt employees.

If you think you have been the victim of an overtime scam, contact the Marlborough Law Firm today for a free consultation.

"I have a message for those employers who break this nation's labor laws and prey on vulnerable workers: It ends today."

 - Hilda Solis, United States Secretary of Labor (2009-2013)

Why Choose Us

We have the experience, passion and commitment that it takes to litigate complex wage theft cases.

We concentrate our practice on class actions and seek recovery for as many workers as possible.

We accept most of our cases on a contingency fee basis, which means that you will not be required to pay anything unless your case is successful.

Meet The Team

Christopher Marlborough has been litigating class action cases since 2007. Jennifer Marlborough is a seasoned attorney with more than 14 years of litigation experience. Chris founded the Marlborough Law Firm in 2013 to continue his fight against corporate wage theft practices. 

Contact Us

If you think you may be the victim of wage theft, do not hesitate to contact us. Consultations are always free.  

The Marlborough Law Firm, P.C.
445 Broad Hollow Road
Suite 400
Melville, New York 11747

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Phone (212) 991-8960 
phoneToll Free (888) 289-7982