OVERTIME AND MINIMUM WAGE
The Problem
It is far too common for employers to fail to pay their employees proper overtime or even minimum wage. Overtime violations can occur in a couple of different ways.
Misclassification
Although employees are frequently told that they are “exempt” from overtime this is not always correct and can be a violation of federal law. Whether an employee is truly exempt depends on a technical analysis of the employee’s job duties and the law. Contrary to popular belief, being a salaried employee does not automatically mean that employee is exempt from overtime.
Independent Contractors
Employers misclassifying their employees as “independent contractors” can deprive those employees of rightful overtime pay. Determining whether a person is an independent contractor or an employee requires a technical analysis of the law in that specific situation (e.g. when and how the work is performed and what control the employer exercises over that work).
Working “Off the Clock”
Employers requiring employees to work “off-the-clock” without pay is common. Some employers automatically deduct for breaks even though the employee did not actually get to take a break. In other cases, employees work off the clock because they feel pressured to perform all of their job duties and they cannot get it down in the regular workday. All of these actions can violate the law.
Moving Forward
If you believe you have been underpaid in your employment, contact us by clicking Tell Us About Your Problem and filling out the questionnaire.
