Can I Sue My Employer For Unpaid Overtime?
Find Out If You Have An Unpaid Overtime Claim.
Speak to a Daytona FL; Fort Myers FL; Ft Lauderdale FL; Gainesville FL; Jacksonville FL; Keys FL; Lakeland FL; Miami FL; Ocala FL; Orlando FL; Panama City FL; Pensacola FL; Sarasota FL; Space Coast FL; St. Augustine FL; Tallahassee FL; Tampa FL; Treasure Coast FL; West Palm Beach FL; Albany GA; Athens GA; Atlanta GA; Augusta GA; Brunswick GA; Columbus GA; Macon GA; Northwest GA GA; Savannah GA; Statesboro GA; Valdosta GA; ; IL; Carbondale IL; Chambana IL; Chicago IL; Decatur IL; La Salle County IL; Mattoon IL; Peoria IL; Rockford IL; Springfield IL; Western IL unpaid wages lawyer now.
Brief Overview Of Wage & Hour Overtime Law
There are various laws, both state and federal, that ensure an employee’s right to be paid wages that are due from an employer. The law provides that an employee can bring suit over unpaid wages, and that all employees must be paid no less than the state’s minimum wage. These state laws apply to all companies and employees, and serve to ensure that employees will at least be paid a minimum wage and will be paid for the time that they work.
Even more importantly, the Fair Labor Standards Act (FLSA) is a federal law that not only sets the federal minimum wage, but also mandates that a qualifying company must pay its nonexempt employees at a rate of time and one half overtime pay for all hours worked in excess of forty (40) during a given work week. In many circumstances, the Fair Labor Standards Act also provides for something called liquidated damages, which essentially doubles the amount that the employer owes to its unpaid employee.
At Loren Law Group, our attorneys are up to date with recent changes in labor laws, and have extensive experience in helping employees recover millions of dollars in unpaid wages and overtime. We aggressively fight for the underpaid employee and not the employer. We make sure you get what you deserve.
Common Overtime Violations:
Although there are many ways that an employer can violate the FLSA or state wage laws, most violations fall into a number of predictable categories. The most common violations are listed below, along with detailed explanations of each violation.
- Asking An Employee to Work During Lunch Breaks or Meal Breaks
- Not Being Paid for All Hours
- Assigning On-Call Work to an Employee
- Changing the Employee’s Time Records
- Paying the Employee on a Two-Week Pay Period
- Working Over 40 Hours a Week, But Not Paid Overtime
- Paying The Employee A “Salary”
- Refusing To Pay An Employee For Unapproved Overtime
- Requiring An Employee To Work Off The Clock
- Withholding An Employee’s Last Payroll Check
- Employers Not Paying for Travel Time
- Employers Not Paying for Training Time
- Overtime Wages Being Improperly Calculated
- Employers Taking Improper Deductions from Wages
Asking An Employee to Work During Lunch Breaks or Meal Breaks
If an employee is not entirely free from regular job duties during lunch, the employer owes that employee additional wages for the lunch break. Employees often report being interrupted during lunch breaks to handle phone call or urgent issues on a regular basis, and are entitled to wages when that happens.
Not Being Paid for All Hours Worked
If you are not being paid for all the hours you worked, both State and Federal laws protect you in this situation.
We aggressively pursue employers who “cheat” their employees.
If your employer is not paying you for all hours worked, contact us immediately – we are here to fight for you and your rights.
Assigning On-Call Work To An Employee
If an employee is “On-Call”, that individual is required to be paid for the actual work performed during that period at a minimum. Under certain circumstances, the employee may be entitled to wages for the entire time spent On-Call.
Changing the Employee’s Time Records
Many times, employers will change employee’s time records to avoid paying for the total number of hours worked, or to avoid paying for overtime hours worked.
This is illegal as the law requires the employer to pay for all time worked including any overtime even if the employer has a policy that the overtime requires prior approval.
If your employer is doing this to you, or if you know someone whose employer is doing this to them, please call our offices for a free consultation. We are here to protect your rights.
Paying the Employee on a Two-Week Pay Period
Employers often pay their employees every two weeks.
When they do, sometimes the employer will only pay overtime rates if the employee works more than 80 hours over the two weeks, even if they work more than 40 hours during one of the weeks.
This is improper, as the employer is required to pay overtime rates for the hours in excess of 40 for the one week, even though the two week total is not more than 80 hours.
If your employer is doing this to you, call us for a free consultation. We are committed to fight for you!
Working Over 40 Hours a Week, But Not Paid Overtime
Employers will often pay hourly employees for all of the hours they work, but will simply refuse to pay the overtime at the proper overtime rates.
Occasionally, employers will do this openly due to a mistaken belief that they are not required to pay overtime rates.
Other times, employers will attempt to hide the fact that they are paying the overtime hours at the wrong rate by paying the overtime hours in cash or paying the overtime hours from a second account.
In all of these instances, the employer is in violation of the law and the employee has a legitimate claim for additional pay.
Paying The Employee A “Salary”
Employers often assume that if they pay an employee a salary, then they are not required to pay that employee for overtime. However, many “salaried” employees are not truly exempt from overtime requirements, even if the company assigns them a title such as “manager” or “supervisor”. The true test of whether such an employee is entitled to overtime pay depends on the actual duties that employee performs on a day to day basis. In cases such as this, the hourly rate can be determined by dividing the “salary” by the standard forty hour work week.
Refusing To Pay An Employee For Unapproved Overtime
Many times, employers will reduce the amount of hours due to an employee because the overtime was not approved in advance. This is legally improper, as the employer is required to pay the overtime even if it has a policy that the overtime requires prior approval.
Requiring An Employee To Work Off The Clock
Sometimes an employee will be required to perform certain setup tasks before clocking in or will be required to be at work by a certain time and then have to wait to be assigned the first job before clocking in. Other times, employees are told that they are not allowed to have overtime on their time cards, but they are required to get the job done before leaving for the day, even if it means working after clocking out. In these types of cases, the employer is breaking the law and the employee is entitled to be paid at the appropriate rate for those additional hours.
Withholding An Employee’s Last Payroll Check
This happens for a variety of reasons. The employer may claim that it doesn’t have the money at that time, that it takes additional time to process the final check and that the employee will get paid “eventually” or that it won’t pay because the employee did something wrong (e.g. – angered a customer, failed to give enough notice, didn’t do the job properly, etc.). Sometimes, it is because the relationship ended on bad terms and the employer is simply attempting to punish the former employee. In any event, this is not a legal action on the part of the employer and is covered under both state and federal law.
Employers Not Paying for Travel Time
This is a complex area of employment law, and can be misinterpreted easily.
If you believe that you should be paid for your travel time, contact our offices immediately. We provide free consultations, and are here to represent you against unethical employers.
Employers Not Paying for Training Time
Federal and State laws state that you are typically entitled to be paid for time spent in training.
If your employer is telling you that they don’t have to pay you for time spent training, we suggest contacting our offices immediately for a free no-obligation consultation.
We are here to fight for you.
Overtime Wages Being Improperly Calculated
There are times when employers simply miscalculate overtime wages.
To see if your employer is properly calculating your overtime wages, don’t hesitate to call today to speak with attorney James Loren.
Call for a free no-obligation consultation today. We are here to help you.
Employers Taking Improper Deductions from Wages
How would most of us determine whether or not our employers properly calculate the deductions from our wages? The law is complex on this issue, and often times, we discover wage miscalculations.
Call us today – we’re here to help you and protect you.