Evansville

Wage & Hour Attorney in Nashville

Over 50 Years of Combined Experience Fighting for Nashville Workers

When your employer withholds wages you’ve earned, every pay period that passes narrows your recovery window. Biesecker Dutkanych & Macer, LLC represents Nashville workers facing unpaid wages, overtime violations, and wage theft, bringing over 50 years of combined employment law experience to every case. We litigate against major corporations, government agencies, and education districts across Tennessee and beyond.

If you believe your employer owes you wages, call us now at (888) 424-9253 to schedule a confidential case evaluation. There’s no obligation, and we’re ready to hear your story.

Why Nashville Workers Bring Their Wage Claims to Us

Our firm focuses its entire practice on employment law, so wage and hour claims aren’t a secondary offering. They’re central to what we do. We’ve earned the AV Preeminent® Rating by Martindale-Hubbell®, the highest level of professional excellence recognized by peer review, and several of our attorneys have been named to Indiana Super Lawyers® Rising Stars™ editions multiple times.

Our appellate record includes significant decisions litigated in the 6th Circuit Court of Appeals, which has direct jurisdiction over the Middle District of Tennessee. That track record matters when a Nashville wage case requires more than a settlement negotiation. When you work with us, you work directly with a skilled attorney, not support staff, and we’re available 24/7 throughout your case.

Wage & Hour Violations We Handle in Nashville

Tennessee has no separate state wage law above the federal floor, so most Nashville wage claims arise under the Fair Labor Standards Act (FLSA). The violations we handle include:

Unpaid overtime: Failing to pay 1.5 times the regular rate for hours worked over 40 in a week
Off-the-clock work: Requiring work before clocking in, after clocking out, or during unpaid breaks
Employee misclassification: Labeling workers as exempt from overtime when they don’t qualify
Independent contractor misclassification: Treating employees as contractors to avoid FLSA obligations
Comp time substitution: Offering paid time off in place of overtime pay, which is unlawful for private-sector workers
Minimum wage violations: Paying below the federal minimum of $7.25 per hour
Unpaid commissions and tips: Withholding earned commissions or mishandling tip pools

Both hourly and salaried employees may be entitled to overtime depending on how they’re classified under the FLSA. If you’re unsure whether your situation qualifies, a confidential case evaluation can provide clarity.

FLSA Anti-Retaliation Protection

Federal law prohibits employers from punishing workers who report wage violations or participate in an FLSA proceeding. Retaliation can take many forms: termination, demotion, reduced hours, or adverse schedule changes. If you’ve been penalized for asserting your wage rights, that conduct may give rise to a separate retaliation claim on top of any underlying wage dispute.

We bring the same vigorous advocacy to retaliation cases that we apply to every wage and hour matter, working to pursue compensation for the financial harm an unjust employer has caused.

Get a Confidential Case Evaluation Today

The FLSA statute of limitations runs from the date of each pay period violation, so time matters. The sooner you speak with a Nashville wage and hour attorney, the more of your back pay may be recoverable. Biesecker Dutkanych & Macer, LLC offers a confidential case evaluation with no obligation.

Call us at (888) 424-9253 to speak directly with an attorney about your situation.

Understanding the FLSA: The Law Behind Nashville Wage Claims

The Fair Labor Standards Act is the federal statute that sets minimum wage, overtime pay, and recordkeeping requirements for most private and public sector employees in the United States. Because Tennessee hasn’t enacted a separate state minimum wage law, the FLSA is the governing statute for virtually all wage and overtime claims brought by Nashville workers.

The FLSA applies to employers engaged in interstate commerce or the production of goods for commerce, a standard that covers the vast majority of Nashville employers. Under the law, non-exempt employees must receive at least the federal minimum wage of $7.25 per hour and overtime pay at 1.5 times their regular rate for every hour worked beyond 40 in a single workweek.

Exempt vs. Non-Exempt Classification

Not every employee is automatically entitled to overtime. The FLSA creates exemptions for certain executive, administrative, and professional roles, among others. Workers in those categories are classified as exempt and fall outside the overtime rules. Misclassifying a non-exempt employee as exempt is one of the most common wage violations Nashville workers encounter. If your employer has labeled you exempt without meeting the legal criteria, you may be owed back pay.

What You Can Recover & Why Timing Matters

A successful FLSA claimant may recover all unpaid wages and overtime owed, plus an equal amount in liquidated damages, a dollar-for-dollar amount on top of the back pay, and reasonable attorney fees.

The standard FLSA statute of limitations is two years from the date of each violation. If the employer’s conduct was willful, that period extends to three years. Because the clock runs separately from each pay period, waiting reduces the window of recoverable wages. Acting promptly after discovering a violation can help preserve the full scope of your potential claim.

Individual Claims & Collective Actions

FLSA claims can be filed as individual lawsuits or as collective actions, where similarly situated employees opt in to join the case. Collective actions are common when an employer has applied the same unlawful pay practice across a group of workers, such as a blanket misclassification policy or a company-wide off-the-clock work requirement. We assess the right approach for each Nashville wage and hour case based on the facts and the scope of the violation.

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Our Values

What Our Work Means

Commitment to your long-term interests, to make sure you are ready for what lies ahead
Proactive approach that is thorough, professional, and prepared with extreme care
Proven track record of successful cases inside and outside of court
Results-oriented litigation that produces meaningful results

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