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Leon Greenberg Professional Corporation

What if I have no records showing my work or I am unsure about the exact amount I am owed?


  • The law requires employers to keep exact records of what they pay their employees and the hours worked by the employees. Employers are not allowed to escape their responsibility to pay employees overtime or other wages by failing to keep proper records. An employee can collect their unpaid overtime or other wages by giving the court an approximation of the average amount of time he worked and was not paid. The employee does not need to have exact records or give an exact statement of what he is owed. If the court determines that the employee is telling the truth, the employee can win a judgment against the employer based upon the employee's estimate of his working hours and unpaid wages.

My employer charges customers a service charge which customers pay instead of giving me a tip, but the employer does not give all of that service charge money to the workers serving the same customers. Is that allowed?


  • When an employer imposes a service charge, for example at a banquet or catered function, the employer very likely has a legal obligation to give all of the service charge money collected to the employees actually serving the customers at the function, not the managers or owners. Our office has represented employees with disputes over the payment of service charges. Please contact us to confidentially, and without cost, to discuss any concerns you have about service charge issues in your workplace.

My boss takes part of my tips or I am required to share my tips with other workers who do not actually get any tips from customers. Is that allowed?


  • Under the laws of many states, and sometimes under the federal minimum wage law as well, this is not allowed. Employees can also, under some circumstances, be required to pool their tips with other employees who are receiving tips. Our office represents employees in tip taking or tip pooling disputes. Please contact us to confidentially discuss any concerns you have with how your tips are being taken or handled.

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Leon Greenberg Attorney at Law
2965 South Jones Boulevard # E-3
Las Vegas, Nevada 89146
(702) 383-6085

 The views expressed on this website are those of the above attorney and constitute opinions on the law based upon such attorney's education and experience.  None of the information set forth on this page should be considered legal advice and no attorney-client relationship is formed by reading this page. Before taking action on any legal rights you may have you should always consult with an attorney about your particular situation and not rely solely on information from this website or from any other source.

What if my employer has kept false records showing he paid me properly?


  • Often employers will create false records and try to use them to show they properly paid their employees. Those records, for the purposes of the law, establish nothing. Employees who have been cheated out of pay are not prevented from suing to collect their unpaid wages just because an employer has created false records that the employer claims show the employee was properly paid. Whether those records are correct is an issue that a court, often with a jury, would decide at a trial. If the court determines the employer's records are false, the employee can win his case and collect the wages he is owed, based upon his testimony in court.

FREQUENTLY ASKED QUESTIONS

I signed a "paid in full" statement or signed an agreement with my employer that I had settled my dispute with him for my unpaid compensation. Can I still sue my employer for money he has not paid me?


  • Often the answer is yes, you can still bring a lawsuit. Employers may force employees to sign statements they were paid everything they were owed, or that they have released and settled any dispute over their pay with the employer. Courts often will not enforce those agreements, particularly if the worker is owed unpaid minimum wages or overtime pay. This is because the employer has an unfair amount of power over the worker and can force the worker to sign such statements or agreements.

I was paid by commissions or piecework. Why would I be entitled to overtime? How would my overtime be properly calculated?


  • Many workers paid on a commission or piecework basis are entitled to extra "time and one half" pay when they work over 40 hours a week even though they are not "paid by the hour." Their overtime rate would be based upon an hourly rate determined by dividing all of the hours they worked during the week into the total amount paid for the week. For example, if you worked 50 hours a week and earned $1000 in commissions or piecework your regular hourly rate is $20 an hour ($1000 divided by 50).  Overtime pay would be one-half of that amount ($10) for every hour you worked over 40 hours, or $100 for the week. If you were paid commissions or piecework and worked over 40 hours a week without extra overtime pay please contact us to confidentially discuss your situation.
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