Have you been manipulated out of overtime pay you were owed? Maybe your employer told you not to clock in until after you completed prep work at your job.
If an employer has violated your non-exempt employee rights, the law offices of Goldberg Weisman Cairo can help you. Laws regarding exempt and non-exempt workers can be complicated and each case is unique.
Our wage and hour violation attorneys are on your side and can evaluate your claim for free to determine your legal options.
Non-Exempt vs. Exempt Workers
Non-exempt workers are usually paid for each hour they worked in a pay period. They receive overtime according to applicable, overtime regulations. Exempt workers do not have jobs that qualify for overtime protections and are generally paid salaries.
Fair Labor Standards Act (FLSA)
This federal act sets forth standards for employees pay, child labor protections and a national minimum wage. It states that non-exempt workers are required to be paid overtime by their employers when they work more than forty hours a week. A worker may be a non-exempt employee or exempt employee.
The usual rate of overtime pay for a non-exempt employee is generally one and a half times the employees usual pay rate for each hour worked over forty hours per week. Also, regarding covered, non-exempt employees, they are to receive the applicable federal minimum wage for all hours worked, according to the FLSA.
Non-Exempt Workers and Employer Abuses
Because exempt employees are expected to contribute however much time needed to complete their work, their compensation does not fluctuate much based on the actual hours that are worked. However, non-exempt employee hours may vary so they are supposed to be paid more per hour for each hour worked over forty hours a week. Employers may sometimes want to keep their non-exempt employees hours down so they might resort to unscrupulous business practices to do so.
The following are four abuses:
Off-hours duties Employers may state that non-exempt workers have to get to the workplace before clocking in and do prep work before or after hours. Maybe a meeting or mandatory training is conducted off the clock. These practices are not right as you are not receiving the proper amount of wages for completed work.
Additional work from home If your job dictates that you respond to texts, answer emails or perform any additional work after you go leave the jobsite, you may be entitled to be paid for those hours.
Volunteering If your boss says that you must volunteer and makes it a requirement that you work for free, you are most likely supposed to be paid.
Working through lunch If your employer acts like he or she does not see your working through lunch or after clocking out and you work extra hours, you may be entitled to overtime.
Speak to an attorney at Goldberg Weisman Cairo to see what pay you may be entitled to if any of the above scenarios are have happened to you.
Tips for Keeping Track of Overtime Pay
- Keep a log. Write down your hours in a notebook or use an online program like Word or Excel to document your work.
- Learn more about violations. When in doubt about your overtime pay, the Department of Labor website can help you learn more about potential overtime violations.
- Contact a lawyer. A law firm like Goldberg Weisman Cairo may help you initiate a lawsuit if your employer has violated your overtime requirements. You may be able to receive compensation for court costs and fees in addition to the pay owed to you.