Josephson Dunlap

This week's legal term: Treble damages

Treble damages let a worker recover three times the amount they were actually owed. Not every case qualifies. Treble is available under certain state wage laws, while federal law (the FLSA) generally doubles unpaid wages rather than tripling them.

At Josephson Dunlap, we believe knowledge is power. Treble damages exist because some violations are serious enough that simply repaying what was owed isn't enough to hold an employer accountable or discourage them from doing it again.

Where the law allows it, tripling a worker's losses turns back pay into a real consequence, one that protects workers and pushes employers to follow the rules in the first place.

Hospitality work often means long hours, large events, and countless moving parts. In a fast-paced environment, pay issues can be easy to miss.

Depending on the circumstances, hospitality employees may have rights involving service charges, tip credits, pay for setup and closing work, and overtime. Federal law also generally prohibits employers, managers, and supervisors from keeping employees’ tips. See 29 U.S.C. § 203(m).

At Josephson Dunlap, we've helped thousands of workers nationwide.

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Michael and Andrew represented Josephson Dunlap at the University of Houston Career Fair, where students stood in line to speak with both partners and learn more about wage-and-hour law and our clerkship opportunities.
 
Thank you to everyone who stopped by, asked thoughtful questions, and took the time to learn about Josephson Dunlap!

Twenty-five years later, we remember the lives lost on September 11, the courage shown in the face of tragedy, and the families who continue to carry its impact.

We will never forget.

September Anniversaries! 🎉
Happy work anniversary to our team members celebrating a milestone this month! Thank you for your hard work and everything you bring to Josephson Dunlap.
We appreciate you! 💙

Happy Labor Day from the team at Josephson Dunlap!

We hope everyone gets a chance to rest, spend time with family, and enjoy a well-earned break. Labor Day is an important reminder of the people who keep this country moving.

⚖️ Josephson Dunlap | Lawyers for the Workers®

🔗 mybackwages.com

Fact: The workers who held the first Labor Day parade in 1882 gave up a day's pay to march for better conditions. They weren't paid to demand fair pay. They sacrificed to demand it.
More than 140 years later, the fight for honest wages is still going.

At Josephson Dunlap, we carry that fight forward. We stand with workers who were denied the wages they earned.

The workers of 1882 marched so the next generation wouldn't have to fight alone. We're proud to be part of that legacy.

This week's legal term: Willful violation

A willful violation is when an employer knowingly breaks the law or acts with reckless disregard for whether their conduct is legal, rather than violating it by honest mistake.
Under the Fair Labor Standards Act, this matters a lot because of the damages. The normal window to recover unpaid wages is two years back. But if a violation is found to be willful, that window extends to three years.
For example:

Owed unpaid overtime going back three years? If the violation was an honest mistake, you may only recover the last two years. If it was willful, you could recover all three, an entire extra year of back wages.

At Josephson Dunlap, we believe knowledge is power.