Hourly, Salary,

or 1099:

recover the overtime

pay you earned

Millions of 

Dollars 

Recovered for Employees

Server & Bartender Rights

Are you a server, bartender, or other tipped employee? 

 

 

If so, you may be entitled to wages that your former employer withheld from you.

 

CLICK BELOW TO FIND OUT HOW I CAN HELP YOU RECOVER

AZ, CO & OH
EMPLOYEE RIGHTS

CLICK BELOW FOR:

 

The truth regarding failure to pay overtime wages

 

Guidance in the face of the unknown

 

Help recovering unpaid wages owed to you for off-the-clock labor, unpaid overtime, or your unpaid final paycheck

 

Time & money savings!

GET HELP NOW

You have questions and need answers.

 

We provide hope and direction in the face of uncertainty.

 

Don't wait!

Pick up the phone and call now!

CLICK BELOW FOR TO SCHEDULE YOUR FREE CONSULTATION

 

Bendau & Bendau:

Wage Recovery Team

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Cliff Bendau

Wage Recovery Artist

 Attorney

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Chris Bendau

Wage Recovery Artist

 Attorney

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James Simon

Wage Recovery Artist 

Of Counsel Attorney

"Life is complicated. But the people entrust the government to enact appropriate laws aimed at preventing various acts that harm society.

"Complying with those laws takes effort, and sometimes requires individuals and businesses to steer clear of hard-to-measure boundaries.

 

"This is inevitable in modern society."

Employee Rights: 

the Fair Labor Standards Act ("FLSA")

The FLSA protects you from substandard wages and oppressive working conditions

 

The Fair Labor Standards Act (also called the "FLSA") prescribes standards for minimum wage and overtime wages.  It applies to most employees in almost all industries–both public and private.

 

Congress enacted the FLSA in 1938 with the goal of protecting all covered workers from substandard wages and poor working conditions.

 

The FLSA requires employers to pay their employees at least the federal minimum wage ($7.25/hour) and to pay one-and-one-half times the regular rate of pay for all overtime (time worked in excess of 40 hours per week).

 

The Arizona minimum wage is $10.00/hour

 

The current Arizona wage, as of January 1, 2017, is $10.00 per hour. 

 

Arizona law, Arizona Revised Statutes § 23-363, requires all employers to pay their employees at least the Arizona minimum wage.

 

Because Arizona's minimum wage exceeds the Federal minimum wage, Arizona's minimum wage supersedes and controls what employers must pay.  This means that no covered employee in Arizona can be paid less than $10.00, with the exception of certain tipped employees (see below).

The effective Arizona minimum overtime wage is $15.00 (or 1.5x your regular
hourly rate
)

 

Arizona law, Arizona Revised Statutes § 23-363, requires all employers to pay their employees at least the Arizona minimum wage.  

 

In turn, the FLSA (29 U.S.C. § 207), requires employers to pay one-and-one-half times the regular rate of pay for all overtime worked.

 

OVERTIME = ALL TIME WORKED IN EXCESS OF 40 HOURS/WEEK

 

While the effective minimum overtime wage in Arizona is $15/hour, your employer is required to pay you AT LEAST one-and-one-half times (1.5x) your regular rate of pay for all time worked in excess of 40 hours per week.

 

Any employer that fails to pay overtime is liable for improper payment of wages under Arizona and Federal law.

The FLSA is your best weapon against a crooked employer who doesn't pay.

Many employers want the best of both worlds – they want to pay you as little as possible and get the most work out of you that they possibly can. They think they can get away with it, too, because most employees won't do anything about it.

Some common FLSA violations by employers include:

  • Failing to pay proper minimum wage;

  • Failing to pay overtime for all time worked over 40 hours per week;

  • Requiring off-the-clock labor;

  • Not paying a last paycheck;

  • Time-shaving;

  • Improperly paying the tipped employee hourly rate (see below)
     

 

If you win your case, the FLSA requires your employer to pay you:

  • Twice the amount you're owed;

  • All of your attorney fees; and

  • Costs incurred.
     

I think my employer has violated the FLSA or AZ employment law. What can I do?

 

The FLSA allows you to recover:
 

  • Back Pay (unpaid wages owed to you),

  • An Additional Equal Amount of Back Pay (thus, totaling TWICE the amount of unpaid wages owed to you),

  • Attorney Fees & Costs incurred in pursuing your unpaid wages.
     

 

If you believe you have a claim, speak with an attorney immediately regarding your rights and options.

 

 
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Arizona Servers & Bartenders:

Learn How to Recover Money Owed to YOU!

You may be owed thousands of dollars in unpaid wages and additional damages from your former employer(s) that you didn't even know existed.

 

KNOW YOUR RIGHTS

Federal law now allows you to recover wages that should have been paid to you but were not.

 

If you have worked in the food & beverage industry at any time within the past 3 years, earned an hourly rate less than the Arizona minimum wage ($8.10/hr.), and during the course of your shifts were required to:







Your former employer(s) may have withheld wages that should have been paid to you.

 

The law states that you may collect these unpaid wages from any previous employer who willfully withheld wages from you within the last 3 years. In fact, under federal law, you may be entitled to receive up to TWICE the amount owed to you.

 

I will recover these wages for you, or it will cost you nothing.

 

This is a painless, worry-free process. If you are interested in learning more:

 

E-mail me: cliffordbendau@bendaulaw.com
Call or Text Me:  (480) 382-5176

  • Brew coffee & tea

  • Stock and re-stock condiments

  • Clean/sweep/mop, and/or

  • ​Complete similar side work

  • Roll silverware

  • Clean soda dispenser nozzles

  • Polish glassware

  • Perform opening & closing duties

I fight to recover unpaid wages for servers & bartenders in Arizona, Ohio, and Colorado

 

I help my clients recover hard-earned money that their employers illegally withheld from them.

 

If you're interested in recovering unpaid wages and related damages that could be owed to you, call my office today for a FREE consultation.

 

DON'T DELAY – CALL TODAY!

 

(480) 382-5176

 
 

FREQUENTLY ASKED QUESTIONS

*FAQ's*

1. What kind of law do you practice?

 

We only do wages.

That's right.  We do one thing, and we do it well.  We recover unpaid wages for employees.  We do not represent employers.  

We have recovered millions of dollars for our clients.  And no client of ours has ever paid us a penny out of pocket.  

 

Whether it's unpaid overtime, minimum wage, commissions, or other wages, we know when you're being stiffed, and when your employer is treating you unfairly.  And because we only do wages, we know exactly how to maximize your recovery in a given situation.  

 

Whether you're up against a small company, or a massive corporation, let us make your recovery efficient and as easy as possible.  Let us shoulder the work and get you every unpaid dollar you earned.

Questions? Call.  Text.  Email.  


 

2. What is the Fair Labor Standards Act?

Why is the FLSA important?


Fair Labor Standards Act 101–FLSA Basics

The federal Fair Labor Standards Act (aka the "FLSA") is the backbone of federal wage and hour law in the United States.  In 1938, Congress decided to establish a uniform, national standard for the payment of minimum and overtime wages. (and BOOM) the FLSA was born.

The FLSA requires almost all employers to pay their employees at least minimum wage (currently $7.25 per hour) for all hours worked, and at least one and one-half times that amount for all time those employees spend working more than 40 hours per week. 

The FLSA also explicitly establishes that the states may establish a higher minimum wage (for example, Arizona is currently $10/hour).  In such a case, Congress requires the greater amount to be paid.  

The FLSA's minimum wage and overtime requirements apply to ALL employees, unless the employer can prove that the employee is exempt.  Exemptions are difficult to prove, and the employer must show that an employee is plainly and unmistakably exempt before it can pay less than minimum wage or not pay overtime.  That's not an easy thing to do.   

Questions? Call.  Text.  Email.  

 

3. I think I have a claim, but I can't afford a lawyer

Can you still help me?

Contingency fee + Fee-shifting statutes =

Unraveling the myth of the prohibitive cost of litigation for employees

In FAQ 1, I touched on the idea that employers use the supposed "high cost, expense, and delay" associated with the court system to justify the use of forced arbitration.  And, in a sense, it's true.  But not how you might think.  This is because:

Most employment litigation is only

expensive for the employer–not the employee.

It's true: from the employee's perspective, litigation isn't that expensive anyway.  This is because the employment legal system understands that an employee is not going to be able to afford a lawyer, and is essentially powerless and penniless compared to her employer.  So these laws make up for that fact by requiring your employer to pay all legal fees your lawyer incurs in representing you if you win your case.  

 

For example, in federal wage & hour litigation (what we practice), the law specifically requires that a prevailing plaintiff (you, the employee) receive TWICE the amount of unpaid wages you're owed, PLUS all of the attorney's fees and costs incurred in recovering that money.  What's more, a prevailing defendant (your employer) is not entitled to any attorneys' fees from you if you lose.  

On top of that, many (if not most) lawyers who represent employees in wage-related matters take cases exclusively on a "Contingent Fee Basis."  This means that, if you recover or win your case, we get paid either a percentage of the recovery or the fees that the court awards.  If you lose or don't recover, you owe us nothing.  

Where the employer has all the money and power, and the employee has nothing in comparison, the law levels the playing field.  That's why we're here to ​help you recover every penny you're owed.

Questions?  Concerns?  

 

Call me.  Text me.  Email me.  Let's talk.

 

 

4. Arbitration Agreements–NEVER sign them 

*(in our humble, professional opinion)*

What is an arbitration agreement?

 

Most clients I speak with never remember whether they signed an arbitration agreement with their employer or not.  This isn't surprising.  

You know that stack of papers the HR representative or training manager gives you on your first day or during orientation?  The one with the tax forms (W-4 and I-9), the company policies policies and procedures handbook, and the seemingly endless pile of documents they describe as some form of "necessary paperwork" that doesn't need to be read but just needs your signature.  

 

It's generally swept under that rug, but it's buried in fine print and looks something like this:

READ BEFORE SIGNING: I, (YOUR NAME IN PRINT), AGREE TO NOT SUE IN COURT AND INSTEAD AGREE TO ARBITRATE AGAINST MY BOSS OR EMPLOYER IN COURT, EVEN IF THEY STEAL FROM ME, DISCRIMINATE AGAINST ME, SEXUALLY HARASS ME,  INJURE ME, OR DON'T PAY ME.  OH YEAH, I ALSO AGREE TO PAY FOR HALF OF THE COST OF THIS AND FOR MY LAWYER TOO, AND MAYBE I'LL HAVE TO PAY FOR MY EMPLOYER'S LAWYER IF I DON'T WIN.

Signed: /s/  (Your Name In Cursive)   

By signing an arbitration agreement, you give up the right to sue your employer in court for certain conduct that your employer may commit against you in the future (e.g., not paying your wages properly or discriminating against you based on your race, gender, etc.).  

 

Instead, you trade your right to sue your employer in court for privatized arbitration by a third party "neutral" that determines the outcome of the case instead of a judge.  The agreement often makes seemingly reassuring statements like arbitration is a great cheap alternative used "in order to avoid the time and costs associated with litigation in court, blah, blah, blah."  

 

Sounds nice–it's not.  

 

It actually stacks the deck against you because it deprives you of your right to access the court system.  As WorkplaceFairness.Org describes it:  

 

 

The public court system provides the protection of a system relatively free from the influence of the employer - a protection often not provided in forced arbitration.  Additionally, the court system is open to public scrutiny and its decisions are subject to appeal.  In employment cases, access to discovery is critical, since so much of the information you need to prove your case is in your employer's hands.  Unlike arbitration in labor or commercial disputes, instead of having a contract govern the relationship between the parties, there are laws that must be interpreted and enforced as they apply to the employment relationship, which makes these cases more complex and require judges well-versed in the law. These and many other valuable features of the public court system are either limited or not available in the forced arbitration system.  Lastly, not only are there often much higher costs associated with forced arbitration than with use of the public court system, but recent evidence shows that employees who are governed by forced arbitration rarely file claims. This allows employers who violate employee protection laws to continue to do so without being held accountable for their actions.

Read the whole thing here.  

 

Read more about this in a beautifully crafted article by the New York Times here.

 

Questions?  Call me.  Text me.  Email me.  

 

JUST DON'T SIGN ONE OF THESE.

Contact Me Today!

My Address:

The Bendau Law Firm, PLLC

P.O. Box 97066

Phoenix, AZ 85060

Phone & Fax:

[Arizona]: (480) 382-5176

[Ohio]: (216) 395-4226

[Colorado]: (720) 863-4729

[Fax]: (480) 304-3805

Call TODAY for a FREE consultation

(480) 382-5176

Find out if you have a claim

 

SCHEDULE YOUR FREE CONSULTATION HERE

The Bendau Law Firm, PLLC

Attn: Clifford P. Bendau, II - Attorney

P.O. Box 97066

Phoenix, AZ 85060

 

[call/text] (480) 382-5176

[fax] (480) 304-3805

[Ohio Direct] (216) 395-4226

[Colorado Direct] (720) 863-4PAY [4729]

 

Clifford P. Bendau, II, of the Bendau Law Firm PLLC is licensed to practice in the following jurisdictions:

 

-Arizona

-Ohio

-Colorado

 

The Federal District Courts for the: 

-District of Arizona,

-District of Colorado, and the 

-Northern District of Ohio

9th and 10th Circuit Federal Circuit Courts of Appeal

 

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.