Understanding Your Overtime Rights
Many companies follow the wage and overtime laws, however, many others frequently violate the laws protecting the wage and overtime rights of hard-working American workers like you.
Are you Experiencing an Overtime Violation?
Employers should strictly adhere to the state and federal overtime laws. Unfortunately, many companies deliberately and repeatedly violate their employees’ rights by refusing to pay overtime wages.
Therefore, it’s essential that you have an overtime lawyer that can fight for your unpaid wages and overtime pay. If you’re experiencing unfair treatment from a current or previous employer, give us a call today at (281) 572-0727 for a free consultation.
All work-related tasks done by an employee to benefit the employer should be part of the paid time. It is often illegal to work off-the-clock without compensation, whether an employee accomplished the work willingly.
The typical examples of off-the-clock work-related activities include pre-shift tasks like setting up a worksite; post-shift tasks like cleaning up a workspace or transporting equipment to the storage room; working through rest breaks answering clients’ questions or conducting sales; administrative tasks like completing paperwork or attending meetings on an employee’s own time.
Since hourly employees get paid for all their work hours, some employers will attempt to save on overtime costs by giving workers a job title and paying them a salary. This is especially true if the job potentially requires, in most days, working for some extra hours. The good news is that many salaried workers may also be eligible for overtime wages. What counts is not the job title but the duties of an employee.
Tipped employees, such as restaurant servers, bartenders, and dancers, are frequent victims of illegal wage and tip theft. Employers must follow the specific set of rules on tip pooling or tip sharing, minimum federal or state hourly wages, and non-tip generating work. Do not allow your employer to cheat you out of the money you’ve rightfully earned. It is best to consult a lawyer who is highly knowledgeable and experienced in representing tipped employees to protect your rights.
Since independent contractors do not get overtime pay, some employers misclassify their workers as independent contractors to avoid the extra costs. However, being called an independent contractor when you’re just an employee does not necessarily remove your right to overtime pay. It also doesn’t matter whether you signed a formal agreement making you an independent contractor. The nature of your employment can say otherwise.
Day-rate workers get paid a specific amount for each day. The total hours worked do not count in determining how much an employee receives. Day-rate, as well as job-rate and commission-only employees, often assume they have no right to overtime. Fortunately, the law requires most employers to pay overtime to workers accumulating more than 40 hours a week.
Overtime Pay Miscalculation
Some employers may provide overtime pay, but cheat by deliberately miscalculating the extra hours the employees have worked. Overtime pay miscalculation can take different forms. For example, an employer may fail to record hours worked at different pay rates in ascertaining if the 40-hour workweek requirement was met.
Some employers round off the clock-in and clock-out times intending to benefit the company. Another possible scam involves averaging hours worked over several weeks. It is also common for employers to pay 1.5 times a pay rate that doesn’t take into account regular bonuses, commissions, and other eligible benefits.