Attorney James H. Shoemaker has decades of experience holding employers accountable for illegal behavior. Recognized in Best Lawyers in America since 2006 and named to Virginia Business Magazine’s “Legal Elite” list for 12 consecutive years, Mr. Shoemaker is a trusted advocate for workers across Virginia.
Off-the-Clock Work
One of the most common forms of wage theft is expecting employees to work before or after their paid shift. This includes setting up workstations, logging into systems, or staying late to finish tasks without compensation. Under the FLSA, any work performed for the employer’s benefit, even if not officially scheduled, must be compensated.
Unpaid Breaks and Meal Periods
While federal law doesn’t require lunch breaks, certain rules apply if your employer provides them. If you’re expected to answer phones, stay at your desk, or remain on call during your “break,” that time may be compensable. Many employees lose wages due to improper deductions for breaks they didn’t truly receive.
Training and Meetings
Mandatory job-related training, meetings, and onboarding sessions must generally be paid. The law may entitle you to compensation if you attend these events outside of regular hours for your employer’s benefit. Failing to pay for these activities is a wage violation, even if it seems minor.
Tip Pooling and Tip Theft
Employees who rely on tips may experience wage theft when tips are misallocated or pooled improperly. Under federal and Virginia law, only certain employees may participate in a tip pool. If management is taking a share, that could violate the law. Employers must also ensure tipped workers receive at least the minimum wage when tips are included.
Misclassifying Employees as Exempt or Contractors
Some employers avoid paying overtime by wrongly classifying employees as “exempt” from overtime or as independent contractors. This misclassification can deny workers significant pay. Job duties, not job titles, determine whether someone is exempt under the law.
Know Your Rights—and Take Action
It might not be your imagination if something feels off with your paycheck or schedule. Wage theft takes many forms, and you don’t have to figure it out alone.
At J.H. Shoemaker Law, we help workers throughout Virginia understand their rights and recover the wages they’ve rightfully earned. Mr. Shoemaker’s commitment to fair employment practices and his deep knowledge of labor law make him a strong advocate for employees facing subtle but serious violations. Contact our office in Newport News, VA at 757.223.4560.