Are You Entitled To Overtime Pay? Have A Look At The Laws

Under the FLSA – The fair labor standards act of 1938, you are categorized under overtime if you work more than 40 hours in a week. Federal law was started to make sure that the workers in Americas are paid for the work they do. In USA, overtime lawyers are easily reachable for any exemption from pay.

When it comes to employee pay, FLSA has two major provisions:

Minimum Wage – New York’s minimum wage is about $9.00 per hour and if an employer meets the requirements of federal law, then it is necessary that the employer pays a minimum wage required i.e. $7.25 per hour.

Overtime Wages – The employer is required to pay non-exempt employees’ time and a half the employee’s normal hourly rate for all extra hours worked apart from 40 hours a week.

“The Sweat. The Time. The Devotion. It Pays Off”

There are some issues to be considered when trying to determine whether overtime wages are allocated.

1. Are you an “independent contractor”?

In order to avoid paying overtime, taxes, and other employment benefits, some companies designate the employees as independent contractor, which is often illegal. If you are not an independent contractor then you are entitled to overtime wages.

2. Blue-collar employees and manual laborers are almost always entitled to overtime pay

Manual laborers and “blue-collar” workers are paid for their overtime hours. The employees included in this are electricians, mechanics, iron workers, craftsmen, operating engineers and people who perform production, maintenance, construction etc and other forms of labor.

3. Not all office workers can lawfully be paid a salary

For overtime entitlement, it is mandatory that an employee receives a salary of at least $455/week and have well defined job duties like management and administration. Often, employers often regardless of job duties do not pay overtime and thus violate the act. Even if the employer does this unintentionally, you may be entitled to a full recovery for all overtime hours worked.

When life does not wait, Why should you? Consult an attorney, so that they take action to help get you the promise you deserve and the money you need.

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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.

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Tips to make sure you are paid for every single working hour

There is no denying the fact that some employers cheat their workers and do not pay them properly. If you or your dear ones have ever faced such injustice, in spite of working off the clock, then you have all the rights to sue the employer for your wages.

 

If you are not sure, whether your employer is paying you for your complete working hours or not, then here are few tips to adhere, in order to get your rightful wages-

• Keep record of your working hours. Many employers make improper adjustments in the working hours of the employee in order to save their few bucks. You should not rely upon them completely because if you need to sue them later on, you will need to show your working hour records.
• Different workplace has different policies and procedures. At the time of joining, worker has to sign the manual. To be on the safe side, workers should keep one copy of the manual with them. This is because often employers contradict with the policies mentioned in the manual.
• Additional records proving you have worked overtime must be collected. This will also prove to be great evidence when filing a lawsuit against the employer.
• Maintain copy of your paystubs. This will also prove to be of great help, when needed to file a case against the employer.
• Colleagues who are also not being paid for their overtime can also prove to be good corroborator for your case.
• In order to get rightful compensation, you must contact an overtime lawyer who is well versed with employee rights. Discuss your case with an experienced lawyer. You should provide him all the evidences related to your working hours and manual of the employment law firm. In case, you do not have any evidence, then also the lawyer will guide you and help you get fair compensation.

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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.

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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.

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How Are The Most Common Types Of Wage Theft?

The number of cases for wage theft is at rise in the United States. Wage theft is an illegal act in which employer refuses to pay fair payments to their employees. It often occurs when the employer deliberately shorts the employee pay, or confuses the employee regarding the pay and their wage and hour rights.

While there are many federal and state laws to prevent this illegal act, many employers still manage to find a way to cheat their workers out of their fair payments.

Below mentioned are the most common types of wage theft–

alaries etc. to their employees. It includes t of their fair payments. But what is wage theft?

• Overtime – Many employers refuses to pay overtime to employees for all the extra work and hours they have spent in office. According to the law, workers have the right to overtime for each hour they spend working after 40 work hours in a regular workweek. In addition, there are several exemptions for overtime based on employees’ occupations. You need to confirm with your boss and lawyer if you do or do not fall under the exempt category. If you are a non-exempt worker, then your boss is liable to pay for each hour you work over 40 (in a week). Even if your employer pays you on a salary basis, you may still be entitled to overtime if they’ve misclassified you.
• Minimum Wage – This is another category in which employers do wage theft. The law has determined the minimum wage that bosses have to pay to their employees. Many companies try to cheat their staff out of proper pay. They decline to pay the minimum wage amount to workers, which is a violation of law. This may happen in a number of ways including improperly claiming a tip credit against minimum wage. Also, some states have a minimum wage higher than the federal minimum wage and the employer is obligated to pay the higher of the two, not the lower!
• Improper deductions in pay – Many companies illegally subtract a certain amount from their employee’s pay. The deduction may be for a lunch period that a worker does not have which is free and uninterrupted, or a mandatory assessment for equipment that the employer was supposed to provide.
• Employee misclassification – Many companies try to trick their employees out of their salaries by wrongly classifying them in a different manner. They try to describe workers occupations as independent contractors so that they can be exempted from benefits like minimum salaries, overtime, and more. They also may call them managers when they only manage phones and not people.
• Working off the clock– Some employers make their workers work off the clock, which is also a violation of the law.

What you should do if you fall victim to wage theft?

The FLSA, or Fair Labor Standards Act allows a private right of action. You should contact an FLSA overtime attorney to get comprehensive legal counsel. Overtime lawyers generally only charge if they win your case and offer free consultations.

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How to Obtain Proper Pay from Your Employer?

Many times, employers cheat their employees on their proper pay just to cut corners and save some money. They take advantage of people holding onto their position in the bad economy and get more work done from employees by making them work extra hours and paying less or no extra money.

Some of the most common employer-employee wage and hour disputes are

• Paying less than the Federal or State minimum wage
• Taking a tip credit, but improperly sharing the tips with management
• Improper or illegal Deductions from wages
• Paying an improper day rate
• Not paying overtime
• Extending shifts without paying for the extra time
• Not paying for the work done after shift/pre-shift/during meal breaks.

If you too have fallen victim to any of the aforementioned conditions, you should immediately consult an overtime lawyer.

An experienced attorney may provide you with complete information about your labor rights and labor laws. Following are a few situations in which an accomplished employment lawyer can help you fight for your rights -

Wages – You have a right to be paid for all the hours you’ve worked. If an employer makes you work off the clock, or makes you conduct activities such as go to seminars for the benefit of the employer, the employer is generally liable to pay you for that time.

Overtime – If your employer refuses to pay for hours over 40, then the employer must have an exemption to the labor code which can be fairly complicated. In most cases at minimum if an employer wants to pay via a salary, the employee must be guaranteed $455 a week, but there are still other criteria an employer needs to satisfy. For example, did you know that a chef may properly be paid a salary, but a cook may not!  It’s those subtle distinctions why you should speak with an experienced lawyer who can educate you on your overtime rights.

Improper Deductions – If an employer mandates you use their tools and then deducts it from your pay you may be entitled to obtain that money back. Imagine showing up for a desk job and then an employer charging you to use the computer so you can work? There’s no end to the type of ruses employers use to deprive you of pay, but some deductions are appropriate and some aren’t.

If you are a victim of wage theft, then you should consult with an experienced employment and labor lawyer immediately. Many lawyers offer legal help without any upfront payment.

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Exercise your employee rights to protect your overtime wages

There are many laws intact designed to protect your wages. Still some employers deliberately withhold pay and short their employees money and benefits which is a breach of labor laws. If you are doing a job that pays hourly wages then you are generally entitled to one-and-a-half times your regular pay rate, for working any hours over 40 hours in a work week. Even if you are salaried you may be entitled to overtime as well if the salaried exemption is not satisfied.

As a worker, you should also be aware if your meal break is uncompensated; you are supposed to be free from all your job responsibilities. If you are asked to perform work during your mandatory meal breaks, and you are not paid for the work it could be considered wage theft. If you believe that you are not getting paid correctly for your work, read the information given below:

• Your payroll department is responsible to maintain the track of your worked hours. Oftentimes they deliberately do not, or they keep time and short it. Keep all your paystubs and time records and any other record they give you.
• Read your employer handbook to get the clear picture of your rights and responsibilities. If permissible, make a copy of it.
• Always maintain records of your hours worked and other necessary documentation, as you may need them later on.

If you have tried everything you can, to get the overtime wages you deserved, then it’s time for you to contact an overtime law firm that can fight on your behalf.

You have a right to collect overtime pay and with the help of a law firm, you may be paid all the unpaid wages. After an evaluation, they can also assist you in determining if you qualify to file a lawsuit or not. With the help of your attorney, you may be able to claim:

• The overtime wages and other benefits illegally withheld by the employer
• Your attorney fee paid by your employer
• Other damages such as double or even triple in some states.

Many employers feel it is beneficial for them to ignore the overtime laws, especially if the workers are not aware about their rights. Overtime pay laws are not always easy to understand and a professional attorney who fights for overtime rights can help you determining your options. It is strongly recommended that all workers must educate themselves about their employee rights and never become victims of wage theft. If you feel you or someone you know is not aware, have them speak with an overtime lawyer who can offer free guidance on how to proceed.

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