Unpaid Overtime and Wage Violations
The laws that were designed to protect hardworking Americans are being ignored by an increasing number of employers. From unpaid overtime to employee misclassification, employment violations are committed every day across the nation. Workplace violations aren't limited to minority populations, low-paid workers or the uneducated. Everyone, regardless of income level or background, is potentially at risk.
"Wage and Hour" Rules
Unless you’re specifically classified as an “exempt” worker, under the Fair Labor Standards Act (FLSA), your employer must pay overtime wages for any hours you work over 40 hours in a workweek. Overtime wages must be paid at a rate no less than one and one-half times (150%) your regular hourly rate.
As an employee, you perform certain duties, and in turn you’re paid the wages you and your employer agreed on. This arrangement works well, as long as both you and your employer stick with the agreement—and the agreement complies with the law.
As a non-exempt employee, you’re entitled to wages for all the time you work and any other compensation you earn. The time you work generally includes all the hours you’re in service to your employer, even if you’re not doing your usual duties. If you attend on-the-job meetings or training, for example, your employer must pay you for those hours.
Companies sometimes refuse to pay overtime wages on the basis that employees are “exempt”. Perhaps they fail to provide benefits because workers are “independent contractor.” The company’s reasoning is fine – if your classification is appropriate. Misclassification of employees is a common problem, however. According to the U.S. Government Accountability Office (GAO), in 2007, states uncovered at least 150,000 workers whose employers misclassified them as independent contractors when they should have been classified as employees.
If you think your workplace rights may have been violated, you may be entitled to compensation. Fill out the form on this page or call Sokolove Law today for a free case evaluation.