You should be paid a fair wage for the hours you work, including any overtime. But even though the Fair Labor Standards Act (FLSA) has been around since 1938, many employers still don’t always follow the rules. The FLSA sets the minimum wage, requires employers to pay for overtime hours, and more.
Employers can classify their workers in several different ways – and they’ll usually choose the option that saves them the most money. Unfortunately, you could be mis-classified as an independent contractor when you’re really an employee under the law. And even if you’re an employee, you might be classified as “exempt” from overtime when you shouldn’t be. Do not assume that you are not due overtime just because you are paid a salary. Even if you are paid a salary, you still need to be covered by an exemption to be denied overtime.
Employers are required to pay overtime to all eligible employees who work more than 40 hours in a week. Unfortunately, many employers find ways to avoid this requirement.
- allowing employees to work “off the clock” (before clocking in or after clocking out);
- allowing employees to work through unpaid rest or meal breaks;
- requiring, expecting, or allowing employees to do extra work at home that’s not compensated;
- not counting time employees spend putting on or taking off protective gear and clothing at the worksite;
- not counting time employees spend traveling for work (for example, if employees are required to report to a particular location, then are transported or drive from there to a worksite), and not counting time spent on required training and other mandatory activities.
Understand Your Rights: Many times employers think all employees are exempt from overtime just because they pay them a salary. Or they regularly take out thirty minutes of a lunch break that you are never able to take. Rob can explain how your employer might be violating the FLSA wage and hour laws.
Wage and Hour Lawsuits: If your employer is unwilling to negotiate an out-of-court resolution of your dispute, a lawsuit may be in order. Rob represents employees and independent contractors in court to get the pay they earned.