Are you paid For Overtime Work? How to Fight for Unpaid Overtime

If you work overtime hours your employer should pay you the overtime premium rate. If you’re owed overtime pay you can recover the unpaid wages, interest on the unpaid amount, and penalties that the law requires the employer to pay.

To determine if you are permitted to overtime pay, you should make sure you are liable. The Fair Labor Standards Act requires employer to pay minimum wage and overtime. Employers should follow the act unless the employee is exempted. Unfortunately, some employers take the benefit of the many different laws, paying employees less than what they deserve.

If you have overtime payment problems with your employers, consider the following tips that can help.

• Read and understand the law of overtime compensation: Fair Labor Standards Act state that, if an employee works for more than forty hours per week he is allowed for overtime compensation at the rate of 1.5 times the regular rate.

• Some employees are not entitled for overtime: You should first check whether you are liable for overtime pay. If you are an executive, administrative or computer employees, you may not be liable for it. Only non-exempt employees are eligible for overtime compensation.

• Have all the facts in writing before you sue: According to FLSA, overtime attorney should be hired after you collect all the written documents like payroll records, employment policies and other important evidences for the court.

• The labor law is constantly changing: You should considerably consult a lawyer, if you have queries about overtime compensation.

You can file a case if you are an unpaid overtime payment. If the employee wins the claim or lawsuit will be paid the amount of wages that the employer failed to pay.

Read More

How Records Can Help You Win Your Unpaid Wages Case?

Unpaid wages lawsuits are filed in the situations where an employee is cheated out of fair payments by the employer. It can be either not paying minimum wages or overtime to workers. And, there are many other ways that employers use to avoid paying fair wages to workers. However, once the lawsuit is filed with the help of a professional lawyer for unpaid wages, an employee can surely hope for justice.

However, you need appropriate evidence to prove your case. And, records can be very helpful for your lawsuit. How? Here is the answer –

To prove your claim in court – Records can help your case in court by justifying your claim for unpaid wages. Records of your logging in or logging out, breaks, holidays and overtime can be the evidence of the hours you have worked for your employer. This proves that the company paid you less than you deserved on the basis of your hours spent working in a regular work week.

However, you need to be sure that you were not working off the clock, which is the time that an employer makes the worker work before they have logged in their systems or after they have logged out. But, you should know that the company is liable to pay for that time too.

Evidence in your lawsuit – These records will be the biggest evidence in your unpaid wages lawsuit and prove your claim. Court accepts records as the proof on the behalf of plaintiff.

However, it may be difficult for you to understand the complexities of lawsuit, unpaid wages law etc. You might need professional legal help to sort everything out and get the decision in your favor. Hire a professional attorney to represent your case against the employer and claim justice along with financial compensation.

Read More

Is Your Employer Paying You Your Rightful Wages?

There is no denying the fact that many employers try to avoid paying their workers for the extra working hours. This is the reason why many employees have to struggle for their rightful wages.

If you do not want to face such a situation, then here are some tips that you should follow that will ensure that you get paid for every single minute you have worked -

• Always keep a record of your working hours. This will help you to keep track of your total working hours and total wages that you have received based on your working hours.

• Keep a copy of the workplace policy and procedure manual with you. The manual describes the pay rate, working hours and rules for overtime wages. This will be needed by your lawyer, if you face wage violation.
  

• In case, you haven’t received your overtime wages, ask your colleagues about their overtime wages. If they have been paid for the extra working hour then there might be the case that you are a victim of some discrimination.

• If you are a victim of wage violation and you have sent a written notification to your employer, then first see whether your employer agrees to pay the wages.

• If the employer does not rectify the mistake, then keep a record of your e-mail or a memo. This will help you during your case as the employer might make an excuse that they did not receive any notification from your side.

• There are chances that after receiving your notification, your employer may change your job responsibilities to make you an exempt employee. But you should not worry, as you are still entitled to claim your overtime wages. 
  
  

In case, you face wage violation then you should contact an overtime law firm. The lawyer will fight for your rights and help you get your rightful wages.

Moreover, keeping a track of all the aforementioned things will help you to get things in your favor and receive rightful wages from your employer without prolonged litigation.

Read More

Employers’ wage schemes that every employee should be aware of

What an employee wants after working long hours for employer? To be paid fairly. You may not be aware of this but many employers use various tricks, schemes and methods aimed at deceiving their workers when it comes to wages. They trick employees into obtaining wages lower than what they truly deserve.

However, here is how employers scheme employers into getting less salary or no overtime. You should be aware –

If they are making you work before sign in or after sign off – You are entitled to get overtime if you are still finishing work after working hours or you started before signing in. If your boss is making you work even after signing off or before signing in, then you must claim overtime. It is a common trick that one uses to get a job done without paying a single penny.

If they are not paying you appropriately for overtime hours – You should be aware of the fact that overtime rate is time and a half of the hours. If you are not getting this rate for your extra hours’ work, then you should claim fair wages. Sometimes, companies pay simple salaries along with tips instead of appropriate overtime. It is against the law and a violation of your wage related rights.

Some bosses may tell you that you are not entitled for overtime since you are being paid on the salary basis. You must check if you fit in the overtime category according to regulations.

If they are making you work even in breaks or lunch – Many employers make their workers complete tasks in breaks or lunch time. It makes you entitled for overtime, which is usually not paid by bosses. You should be aware of these schemes to avoid getting tricked.

If there are illegal deductions in your salary – You should be aware of any deduction in your salary. You must demand answers from bosses if there are illegal deduction in your payment. Many employers deduct employees’ salaries illegally for invalid reasons like improper or missing uniform.

If you are a victim of any of the above mentioned situations, then you must contact an unpaid wages lawyer to know about your legal options. Your lawyer can suggest you the best legal action in these situations, so that you can claim your rightful payment.

Read More

Wage and hour obligations that your Employer Must Comply with

Every employee deserves fair pay, but increasing incidents of wage theft tell different story. Many employers use a number of tricks to violate their wage and hour obligations in order to have that extra money in their account. If you do not want to become such victim, you need to ensure that your employer is abiding by the following-

Recordkeeping- An employer is responsible for precisely maintaining the record of actual work hours for every employee. It is essential for every employer to ensure that the records of an employee’s work hours are secure and are accessible whenever required. Thus, you should ensure that your employer is doing that, whether your employer uses a time sheet, time clock or computerized time clock for that.

Fair Pay- It is essential for an employer to ensure that every employee is paid fairly, which means that employer has to comply with the minimum wages and overtime requirements properly. It is equally important to ensure that all employees are receiving equal pay and no one is discriminated with incorrect pay compared to what other workers are getting.

Correct Classification- one of the main tricks that employers use to avoid paying overtime is by misclassifying their employees. They misclassify their workers as exempt when in actual they are not. Hence, it is necessary for you ensure that your employer has classified you correctly based on your salary and job responsibilities.

In case, you have become victim of the wage and hour violations, it is important for you to get in touch with a lawyer for unpaid wages. You can get your case evaluated from a professional lawyer for no cost, as they offer free consultation and charge no fee until they win the case for you. Your lawyer will fight to help your protect your rights and get you all lost wages that you are entitled to receive. It is all about your employee rights and there is no place for any compromises.

Read More

Are you being paid for your overtime?

It is a sad truth that many employers cheat their workers out of their due wages. Such employees often have to struggle to get their hard-earned money. If you are amongst such workers, following are few tips that will help you fight for your rights and ensure that you are paid for your work-

• Keep track of your working hours. Do not rely on the employer that he would tell you the exact working hours.
• Every workplace makes their employees sign a contract. To be on the safe side, you should keep a copy of the contract with you. This will help you ensure your rights, if company breaches the contract.
• Company also has their policy and procedure manual. You should make sure you have one with you. This will give you a thorough knowledge of the dos and don’ts of your company’s policy.
• Never hesitate to ask wages for your extra working hours. Also, ask your colleagues whether they were paid for every extra work they put in. In case, you find evidence of discrimination then contact an unpaid wages lawyer.
• Always voice your concern, if you are not being paid for your work. If done unintentionally or due to some mistake, employer will definitely remedy the problem.
• If verbal communication does not solve your problem, then you must make a formal complaint through an e-mail or a memo. The written complain should include date and time so that you have a proof of it, in case the employer claims that he was not informed by you before.
• At times of written complain, employer may use a trick of changing your job responsibilities, in order to prove that you were being exempt from your duties. In such cases too, you have the right to claim your past overtime wages. 

From the aforementioned tips will help you handle such issues, if employer does not pay your wages.

If you are not able to handle such issue on your own, seeking help from an overtime lawyer is advisable. Discuss your case with the attorney and make sure all paper work is completed. The paper work should include detailed list of working hours with other points, after all the wages will be calculated on the bases of working hours.

Read More

When do you Need Help from a FLSA Overtime Attorney?

There are strict wage related laws in the United States of America, yet some employers use different tricks for not paying fair wages to their employees, which is the violation of FLSA guidelines.

To ensure that you do not become victim of wage theft, it is essential for you to know your entitlements.

Below mentioned are some of the mostly reported wage related cases. In case you fall victim to such a situation, you must consult a FLSA overtime attorney immediately to legally claim your wages -

• Many cases have been reported where employers do not track and calculate the total hours worked by their employees. If your employer does the same, it can be an intentional trick for not paying overtime pay.
• You must know that your employer needs to pay minimum wages set by the law. Find out the minimum wages in your state and make sure you are getting paid fairly, other do not hesitate to file a claim.
• If your employer makes you work off the clock (during the shift or in the mandatory meal breaks), it is wage and hour violation.
• Many employers misclassify their employees’ type of employment to avoid paying overtime compensation.
• Some employers make their employees work pre-shift or post-shift without any compensation. You are entitled to receive pay for every pre-shift or post-shift work.
• If you have already raised your voice against the wage and hour violations, but became a victim of retaliation, a professional lawyer can provide you the needed protection given by the law.

If you believe your employer is not paying you the money you are entitled to receive, get in touch with a professional unpaid wages lawyer immediately.

Your lawyer can offer you a free consultation to help you understand your legal position. Some experienced lawyers do not even charge any fee until they win the case for you. Therefore, under no circumstance, you should compromise with your employee rights.

Read More

What are the wage rights of computer professionals in the US?

Computers have taken over the world and the demand of computer professionals has increased accordingly. In the US, there are millions of people that work in computer related fields. But, what are their wage rights? How do computer professional fare when it comes to wages? Are they covered under the Fair Labor Standards Act (FLSA)?

Here are the wages and overtime related details that an IT worker in the US needs to know. Please note that certain states may have additional protections, like Pennsylvania, which may demand that computer professionals receive overtime.

According to law, people on selected careers in IT industry may be exempt from overtime if their classification and actual job duties dictate it. They include –

• Computer systems analysts
• Programmers
• Software engineers
• Other equally skilled professionals in this field

But, this exemption is for those workers that are receiving

• At least $455 per week (salary basis)
• At least $27.63 per hour

Their designation or job titles have nothing to do with this exemption, but the substantive work means everything. For example, if you hire a computer professional for $455 a week and make him or her work 60 hours and then just have them clean the floors, then they would not be entitled to the exemption. If they do actual programming, then they might. But be warned, in certain states the workers may still be entitled to overtime.

The Employees’ responsibilities play an essential role in this exception to overtime in the regulations. The Federal Law has demarcated several job responsibilities and if your work matches these pre-defined options, then you are most like exempt from overtime under Federal laws. These job responsibilities include –

• Systems’ analysis techniques and process application
• System’s design & development, documentation
• System’s analysis, testing or modification
• Computer program’s design, testing, and more

An IT worker that performs the above mentioned job responsibilities do not fall under federal law.

Furthermore, workers that heavily depend on computers for their work still fall under the protections of the minimum wages and overtime laws of the FLSA. But, if employers fails to show that the employee is properly exempt under the law, then the worker has every right to for overtime pay for the extra hours and work.

Many IT workers think that if they are salaried, then they are not eligible for overtime. In addition, they also think that they are not entitled to overtime. If your occupation falls under the minimum wages and overtime laws, then you have the right to receive fair payments. If the employer refuses to pay you proper amount, then you should contact an unpaid wages lawyer.

Attorneys can help you in getting your fair payments, back wages, as well as compensations for the damages (if required). The Attorneys can also guide you regarding state’s payment laws since some states mandate that even IT professionals are paid properly.

Read More

Celebrities and unpaid wages – A long history!

Unpaid wages are a serious problem that have been increasingly been reported in different industries and the film and television industry is not an exception. Every once in a while cases emerge where a celebrity faces an overtime lawsuit due to unpaid wages. There is a long list of these cases.

Recently, a lawsuit was filed against the famous singer and musician Courtney Love. A claim was made by a writer for not receiving payments for his work on the singer’s biography. Previously, Ms. Love’s former aid took legal action against the singer for breach of contract and unpaid salary, as well as accusations of wrongful termination. Just because someone makes a claim for wages, doesn’t mean they are correct, but there is also the perception by celebrities and industries such as the NFL that is a privilege to even be affiliated with them, so they may try to cajole individuals to do work for little or no pay. 

Renowned chef and restaurateur Gordon Ramsay’s restaurant in Los Angeles (LA) was sued for unpaid salaries and overtime. This lawsuit was filed by the former employees of restaurant. In 2010, the famous singer Rihanna also faced the allegation of unpaid wages by her trainer. Trainer claimed that the singer owes her almost $26,100 for personal training services.

Comedian and actress Wendy Williams faced the allegation of not paying fair salaries to an ex-intern. An unpaid wages complaint was made against the singer and songwriter Anita Baker by her lawyer. In this lawsuit, the lawyer demanded $69,000.

It is not only celebrities that face allegations of not paying fair payments to their employees. Sometimes, even stars are stuck in the same situation. Recently soccer star Ivan Franjic left the Russian club Torpedo Moscow. He left this club over the claims of not receiving proper payments.

All these cases show that even celebrities are not safe from unfair payments and lawsuits. If you have also fallen victim to this situation, no matter who the employer is, then you should immediately contact an experienced and professional unpaid wages and overtime lawyer. An experienced attorney can help you in getting your wages for the hours worked and possibly even double or triple damages, plus attorney’s fees.

Read More

Who can assist you in getting your unpaid wages?

The Fair Labor Standards Act (FLSA) is the federal law that protects wages and other rights of employees in America. Still, many workers fall victim to wage theft and unpaid salaries. Employers find different methods like falsely claiming an exempted position or employee contract to trick workers out of their fair wages. Usually, they trick employees in overtime, bonuses, paychecks, and commissions, breaks, off the clockwork, vacations, or leave.

There are many different government agencies charged with investigating wage theft, but the government is not incentivized to zealously protect your rights. Government workers receive a salary no matter what happens to your case, they are graded statistically on them resolving cases, not necessarily by the quality of the resolution. In contrast, most private attorneys who litigate wage and hour disputes are not paid unless they win your case, so they have ever incentive to win your case and win big, if feasible.

You can contact an unpaid wages attorney to file a lawsuit against your employer. Usually, lawyers first speak with you at length about your case and determine if this affects many other people. If so, it may be brought as a class or collective action which can try to maximize your recovery and remedy an injustice. In contrast to a government settlement, if your case is brought as a class, the lawyers will try to get you an incentive award above and beyond your maximum relief that you may be entitled to by law.

In off the clock claims, as the plaintiff you have the burden of proof and you need to provide proper evidences of wage theft. It may include records of work hours (whether on paper or electronic), paychecks etc. and evidence contradicting the paid hours. If you are classified as exempt from overtime and the employer makes you work many hours claiming your salaried, the employer has the burden of proof. For example, if they call you an account manager and try to say your exempt from overtime but you don’t manage any people, they may have misclassified you and you may be entitled to overtime for all those overtime hours worked.

What can you get from lawsuit?

Under Federal Law, Workers can get back payments if they win lawsuit in court. They might also get an equal amount for the liquidated damages. In addition, the attorney's fees are often paid separately. Each state may also have other damages you are entitled to.

You should discuss with your lawyer about the compensations or other fees you may receive on winning the unpaid salary case.

Read More

How Some Employers Exploit Tipped Employees?

No matter what your job is (waiter, bartender, busboy, or any other profile for that matter) earning tips at work requires hard work. Sooner or later, you will realize that making a living wage on tips depends on whether or not customers choose to tip well enough and whether the company plays games with the tip process. Unfortunately, many of the tipped employees do not know about the tip credit provisions and unscrupulous employers take advantage of the process.

If the amount of tips you regularly receive is more than $30 per month, you may be considered as tipped employee. You are entitled to keep your tips with you, but it also means that your employer can claim a tip credit.

To comply with the minimum wage regulations, your employer needs to still pay wages of at least $2.13 per hour, as the employer can claim up to $5.12 per hour as a tip credit. If your employer uses this credit then it suggests that your employer expects you to receive minimum tip of $5.12 per hour. The employer must provide you all the mandatory information before claiming a tip credit.

However, if the company does not provide you the mandatory information about the tip credit, it may be held accountable for unpaid wages and/or a tip credit violation. If you have any uncertainties regarding this, you can discuss your situation with a professional overtime and unpaid wages lawyer.

Nonetheless, your employer must notify you about few things such as below-

• The cash wage he is paying you should be at least $2.13 per hour.
• The additional amount claimed as tip credit cannot go beyond $5.12 per hour.
• The tip credit claimed cannot go over the amount of tip you actually receive.
• You are entitled to keep your tips, unless there is any tip pooling agreement restricted to workers that usually receive tips. This is an important issue! The company itself and/or management is not allowed to keep a portion of your tips.
• No tip credit will apply to any of the tipped workers that have not been educated about the tip credit conditions.
• Overtime for time and a half is not $3.25 an hour! Overtime is the non-tipped minimum wage $7.25 with time and half, then subtracting the tip credit, which should put the hourly base rate at least $5 an hour for overtime.

If you believe that your employer has failed to tell you the required information about tip credits, you may be able to collect your lost wages. Speak with a professional lawyer to have your situation evaluated. You can book a free telephonic consultation session with these attorneys and you do not need to pay them any fee unless they win your case.

Read More

Claim your Unpaid Overtime by Hiring a Lawyer

In an economy, which is constantly prone to ups and down, it is sometimes hard to make ends meet. This is why people will go extra lengths at work in order to keep a job and afford the daily expenses. People often do that by working overtime and spending extra hours in addition to regular working hours and sometimes the company does not properly pay them for all their hours worked.

To make sure people are fairly paid for the work they do, there are several federals laws, state laws, and regulations that govern how employees must be paid. There are specific laws that determine the minimum wage as well as minimum payment for every hour worked as overtime. The one most frequently invoked is the Fair Labor Standards Act, known as the FLSA, which sets the minimum wage and overtime protocols under Federal Law.

However the bitter truth is that despite all these laws, there are some employers who exploit their employees by not paying overtime or pay or make people work off the clock and pay less than minimum wage.

If your employer is shorting you wages, do not just sit back, instead stand up, and raise your voice. You can hire a lawyer for unpaid wages to fight for your rights. Most overtime lawyers work purely on contingency which means they are not paid for commencing an overtime lawsuit unless they win your case.

According to federal law, if a person has spent forty hours in a week working for his company, he will be entitled to receive overtime payment for every additional hour spent working unless there is an FLSA exemption.

However, there are certain exceptions to the rule. For instance there are some professions in which people are not entitled to demand overtime payment. Each position has its exception and the exception to its exception, so it’s best to consult with a lawyer who is experienced in filing wage and hour complaints.

Hard working people should be rewarded for their work, especially when it leads to the success of the company, but some employers fail to realize that. In fact they fail to keep their end of the deal and look for ways to cut corners to line their own pockets further. In such situations, the only solution is to raise your voice, and a lawyer will help you do that. But remember that such cases are often highly time-sensitive and any delay may result in you losing some of your damages. Most calls to overtime law firms are confidential and free, so there is no downside to educate yourself about your rights.

Read More

Are You Getting Paid for Overtime at Work?

How would it feel, if you do not get paid for the all extra hours you have worked or are still working. Employees, who are not aware of their employee rights, or are forced to work in oppressive work conditions because of the poor economy are vulnerably to become the victims of labor and employment violations.

As an employee, do you have any unpaid overtime wages? If you are unsure or have no information about this, keep on reading.

When we talk about unpaid wages, it includes situations such as:

• Working before or after your scheduled work shift without any compensation
• Receiving less than minimum wage
• Not being paid for overtime work or claiming that you are salaried so they can work you as many hours as they want for the same rate
• Performing work after clocking out

Well, if you are one of these hard working employees and you believe that your employer is violating state or federal wage laws, raise your voice to raise your wages. Filling a lawsuit is another option for you. For that, you would need a lawyer for unpaid wages to get the justice you deserve. Find a lawyer who has appropriate knowledge of the labor code and someone who can stand with you to vindicate your rights.

You may be entitled to double damages plus your attorney fees paid directly from the defendant. After listening and understating the whole scenario, your lawyer can develop and suggest strategies of the process

Many lawyers in the industry will fight your case with no money up front unless you win. The consultation is confidential and no information will be disclosed to your employer or to the outside world unless you decide to file suit. It’s best to learn your options from a law firm experienced in overtime litigation.

It is strongly recommended that every employee who suspects there may be some sort of wage violation consult with a law firm who has knowledge and information about state and federal wage laws. This will help prevent you from becoming a victim of unpaid or minimum wage violations.

Read More