RIGHTS TO KNOW : WHEN ARE YOU ENTITLED TO OVERTIME WAGES?

Have you been conned by your employer and not been paid your rightful wages? Instead of getting the check for overtime, you have got the same wages that you normally get? That could mean that you are getting robbed of your earned pay which you rightfully deserve. If the answer is yes, then you are at the right place. In this article, you will get to learn the overtime laws which every employee should be well aware of in order to know how much overtime pay they have earned. Also, in which instances, they are eligible for the overpay and when they need to hire an overtime attorney for unpaid wages.

OVERTIME PAY:

What is Overtime pay? In order to know what your employer owes you, it is prudent that you learn that the federal law for overtime. The overtime wages required to pay to any worker are under the conditions:

• If the worker is working more than eight hours a day
• If the worker is working more than forty hours a week.
  
  
  
  
  

Which implies that if the worker is working for extra hours, then he would be paid an amount which is ⅕ times what is usually paid to the employee. Though, it is to be made certain that not every worker is not eligible for overtime pay. There are many exemptions to certain job types, in which an employee is not paid their due.

EXEMPTIONS FOR THE OVERPAY:

There are three types of exemptions in which an employer is not suppose to pay for the overtime you put after the regular working hours.

• Administrative exemption: Under this, the employees working in office performing non-manual work which requires discretion, judgement and other administrative work is considered as important to the organization.

• Executive exemption: In this exemption, the employee must either be manager of the business, involved in administrative work of directing the employees, their hiring and firing the staff.

• Professional exemption: Under this, the employee must be graduated in a specialized academic degree, or their work involves artistic or creative sense and they must have  position that requires a use of their knowledge in area of science and learning such as lawyers, teachers, and doctors.

CALCULATING THE REGULAR PAY:

Calculating the regular pay can be tricky. Depending on you hourly rate, the overtime pay can also increase. The following compensation factors can help you in calculating the regular pay:

• Bonuses for the production
• End of the year bonus
• Bonus given with non-discretion
• Total bonuses earned
• Shift differentials
• Wage increases
• Compulsory services tips or gratuities
• Standby pay
• Stipends
  

  

The worker’s regular wages are used for the calculation of the overtime pay. Make sure when you get the overtime check, it is calculated with the above mentioned factors. This will increase your overtime wages substantially. If the employer is giving you the pay for the extra hours based on the regular wages without considering these factors, then you have the right to ask your employer for your rightful earnings. Hire an overtime attorney if you are not getting your deserving wages, keeping in mind the aforementioned points.

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4 Workplace Rights You Need to Know While Working

Do you know your rights at your workplace? Many employers understand labor law and follow them, but in reality many employers regularly defy employment law. To avoid any critical situation, you need to know what your workplace rights are and be careful that your employee follows it.

1. Your employer can not hold back your paycheck for poor performance: No matter what performance you give, your employer has no right to block your salary. Of course, if you really mess up, if you are not following the policies and giving bad performance, you may be fired after a warning but you might get fired, but you still must be paid for all the hours you worked.

2. You must receive your paycheck on time:  Most state laws say how soon you must receive your paycheck after a pay period ends. In some states, an employer is alleged to pay additional money on top of your waged as penalty if your salary is late.

3. Whether you are eligible for lawyer overtime pay is decided by the government: The federal government has divided the job types into: exempt and nonexempt category. If your job is categorized as non-exempt, your employer must pay you overtime for all hours you work above 40 in a week. Your categorization is also determined by government guidelines.

4. Your employer cannot ask you to work off the clock: If you're a non-exempt employee, you are liable to be paid for all the working hours. You can't give up this right.

If your employer is violating any of the law, the most effective first step is to talk to your manager. You will probably get a better outcome, if you consider an overtime lawyer or some specialized lawyer who deals in such cases.

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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.

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Are you aware of the common unpaid wages issues?

Unpaid wages includes deduction from salary or the overtime money that the company does not agree to pay. It is the part of your hard work and you have complete right on it. So many employers do not pay their workers properly.  It is the right of every employee to get the complete payment.

Employees face number of situation at workplace when they do not get complete payment despite of their work. The most common unpaid wages issues are-

• Not paying the desired salary- in this situation, the employee does not get the fair salary or the employer refuses to pay the salary that the employee deserves. Paying less than the decided salary or not paying at time is also included in it.
   
• Deduction from salary- in some situations, employers unnecessarily deducts money from the worker’s salary.  This is the most common unpaid wage issue in highly reputed companies.
   
• No overtime pay-  despite the hard work of the worker, he fails to get the pay for the extra time, he worked at job
   
• Refusing to pay bonus and commissions- bonus and commissions is every employee right. The employer even refuses to pay bonus that was pre decided.

It is illegal, if an employee agrees to work for extra time and the employer does not pay for it. Therefore, if an employee come across any kind of the aforementioned situation, it is advisable to take help from the professional unpaid overtime attorney.  The professional lawyers can help workers in filing proper lawsuit to get fair settlement for unpaid time and work.

On the other hand, the employees should also make efforts on getting the right amount of pay they deserves. For example- the worker can keep record of his/her working hours rather than depending on the employer. Moreover, majority of workplaces have their policy or procedure manual. So make sure to go through the manual carefully and keep a record safe with you.

However, if you feel that you are not being paid accordingly, then you should not hesitate to raise the issue or speak to higher authorities.
There are several other problems that the workers face and do not get proper compensation. All these conditions are violation of law.

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Nanny wage troubles for celebrities that ended in lawsuits

Lawsuits are not new for celebrities since many of them are continuously in trouble. Unpaid wages and overtime are one of many aspects for which many celebrities have been sued in past few years. There is a long list of stars who faced lawsuits from their nannies for unpaid wages.

Singing sensation Mariah Carey and her estranged husband Nick Cannon faced the allegations that they did not paid their children’s nanny fairly. According to the claimant, she worked almost 100 hours per week. According to her claims, star refused to pay for all the extra hours she spent taking care of singer’s kids. Claimant worked for the singer for years but never received her overtime wages. In the end, plaintiff was terminated from the job for expressing excessive fondness towards kids.

Singer and songwriter Usher is another star who was indicted by his children’s nanny. Claimant worked part time for the star. She often worked more than 40 hours in a regular week for which she was never paid justly. In the end, she was fired without any overtime payments. She filed a lawsuit against singing star for her rightful overtime payments.

Actress and socialite Brooke Mueller also faced the allegations from her former nanny regarding unpaid wages. Claimant has demanded almost $10 million in the overtime payments for her extra hours and work. She worked for years with actress. During that period, she worked more than 40 hours in a regular work week without any payment.

Pop sensation Britney Spears was also indicted by an ex nanny regarding unpaid wages. In this lawsuit, claimant demanded over $35,000 for a one month's work. Singer and model Tamar Braxton along with her Vincent Herbert faced the allegations of not giving fair payments her former nanny. According to the claimants, star is obliged to pay her more than $161,000 in unpaid wages. She claimed that she never received reasonable salary for her work and extra hours.

There are several other lawsuits in which celebrities were sued by their nannies for wages, overtime etc. Like every other employee, these child care professionals also have a right to get paid fairly for their work and additional hours. If you are nanny and a victim a wage theft, then you must contact a professional and experienced overtime attorney. These attorneys can aid you in getting your payments and overtime back along with damages. They have the knowledge and experience, which they use to gain advantages in claims in favor of their client.

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Can you get fired for Raising Your Voice against Wage and Hour Violations?

There are stringent wage related laws in the US such as the Fair Labor Standards Act (FLSA) and various state law protections. Still every year many employers violate state and federal wage and hour laws. Regardless of the fact that violation occurred intentionally or unintentionally, employees have the rights to raise their voice against it and there are some serious penalties for employers who violate the law.

Unfortunately, many workers make compromises with their rights just because of the fears of negative actions that the employer may take against them. One of their main concerns is getting fired from the job. It is essential for all the workers to understand that the law protects them from retaliation for invoking wage and hour rights. It does not matter whether the complaint for violation was formal or informal, you are protected by the law, but still it is always best to consult with an attorney before taking that step forward, because if it’s done informally, you need to prove that it happened!

No employer is allowed to fire any employee for raising his voice against the violations of wage laws. But it is kind of like freedom of speech in a dictatorship – you can speak up in an oppressive country like North Korea, but there are consequences afterwards. Even though it’s illegal the employer can improperly fire you, but you may have a strong lawsuit for retaliation, but not have a job, that’s why someone who’s been through it before can discuss with you your rights and the prospects of success. Retaliation does not mean termination only, as it can also occur in different forms such as demotion, change in job responsibilities, job title, etc. Employees that experience such changes should consider it as retaliation. 

Therefore, if your employer fails to pay state or federal minimum wages, overtime or misclassifies you, do not hesitate to raise your voice, but you should first seek help from an experienced overtime attorney to have an understand of how the law protects you from retaliation in such situations. Your lawyer will gather both direct and indirect evidence to prove retaliation.

Many lawyers offer free consultation session and do not charge any fee unless they win the case. Therefore, there are no reasons for you to avoid or hesitate while seeking legal help. Honest pay is your right and you must not make any compromises on it.

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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.

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How Can An Overtime Lawyer Help You?

Increasing wage and hour issues indicate that more and more employers are deliberately violating guidelines of the Fair Labor Standards Act (“FLSA”) to minimize labor expenses and increase their profits. Employers use numerous tricks to achieve their goals of wage theft. If you believe that your employer is violating your wage rights, you should raise your voice and seek help from a wage and overtime law firm.

Following are some of the situations when you should seek help from a labor lawyer to help get justice and resolve your present situation-

Misclassification of Employees- According to wage and hour laws, it is essential for employers to pay overtime to employees that are classified as non-exempt. However, many employers deliberately misclassify their employees as “salaried” to avoid paying money they are entitled to receive. Just because someone is salaried, doesn’t mean that they shouldn’t be paid overtime!

Off the Clock Work-Employees are entitled to receive pay for all hours worked. However, in many situations, employers make their employees clock out and then work. It is against the law to make an employee work while they have signed off and workers are entitled to receive pay for this time.

No Minimum and Overtime Wages- It is essential for employers to pay their employees at least minimum federal wages and state wages for the state they reside. They also need to pay at least one and one-half times of their regular rates of pay for hours worked over 40 in a workweek. Not complying with these rules means that workers can seek help from a labor and employment attorney to file a case against the employer.

No Pay for Pre-shift and Post-shift- Many employees are not aware about their rights and become victim of wage theft in various situations. Employers mislead workers by passing information that pre-shift and post-shift work is not compensable. Such work may include security sweeps, computer boot up time, looking for a work station or waiting for a boss to arrive. Hence, it is essential for workers to know their employment rights.

Retaliation- The law protects employees from retaliation after they have raised issues associated with wage and hour violations. If an employer fires, demotes, or changes duties of their employees after the reporting of wage issues, it can be considered retaliation.

These are some of the situations in which you would need to discuss your circumstances with an experienced law firm to have your case evaluated.

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FAQs For Unpaid Wages Lawsuit

What are unpaid wages?

The part of your pay that has been incorrectly withheld by employer is called unpaid wage. It can include commissions, vocational pay, overtime money, bonus or simply a paycheck which the company did not pay.

Who is entitled for overtime pay?

Apart from the job profiles that are exempted, all employees are entitled for overtime pay. In case of any ambiguities in this aspect, talk to an unpaid overtime attorney.

What if an employee agrees to work extra hours, but the employer doesn’t pay for it?

That would be illegal. Every company is required to maintain records of the number of hours worked by their employees and their corresponding pay. It is not the employees’ responsibility to maintain these records. If the management fails to maintain such records, lawsuit can be filed against the company.

How much money can an individual receive if he wins the overtime lawsuit?

If an employee has filed the petition, he stands a chance to get lot more than just his unpaid wage. He is potentially entitled to receive unpaid overtime salary that he should have been paid, the interest on that amount, and his lawyer’s fee. In few cases, individuals also receive additional amount that is called liquidated damage.

Liquidate damage doubles the unpaid wages amount. For instance, if your company owes your $10,000 worth of unpaid salary and if you end-up getting liquidate damage, your company will have to pay double the money which amounts to $20,000.

In most of the cases people are entitled to receive liquidated damages, except for the situations where employer is able to prove his acts were in good faith. 

How many years’ overtime can an individual claim for?

The FLSA says that an employee can claim last two years’ unpaid wages from the time of the filing the lawsuit. In few cases, this period can be extended to three years, if employer willfully failed to pay the money.

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Know Your Rights to Get Fair Wages!

Every citizen of the United States has some fundamental rights, which they must be aware of. One such fundament right says that all the workers must be compensated fairly for their labor. According to this right, not only do salaried individuals stand to receive their monthly income, they may also be entitled to receive payment for extra working hours.

It is of paramount importance that every worker knows what rights are to protect oneself from being exploited by an unscrupulous employer. Knowing the law and how it pertains to overtime is essential otherwise, dishonest employers will find it very easy to trick you and keep you deprived of your rightful money.

Laws regarding overtime were constituted in the 1930s in order to protect workers from greedy employers. The economy has come a long way since then, and with the evolution of the economy some employers have tried to fairly coincide with the laws, while other evolve to find ways to deprive employees of the money that this theirs and feast on it for their own gluttony and greed.

The rules regarding overtime in the US are simple. The Fair Labor Standards Act says that if someone works beyond forty hours a week, the worker must be paid overtime, unless they have a lawful exemption from overtime. If there is an exemption, the employer has the burden of justifying it and sometimes that is a very complicated road to hoe.

To calculate the overtime, an employer will have to first calculate a worker’s standard hourly wage. Beyond 40 hours, workers must be paid 1.5 times of that standard hourly wage rate. Let us understand this with an example. If you are an employee who makes twenty dollars an hour, then according to this fair wages rule, you must be paid thirty dollars for every single hour beyond standard working period, which is 40 hours. Sometimes, the worker is also paid things like night differential or other premiums which must be factored into the overtime calculus. If it’s not there’s a violation that’s actionable.

Some professionals are exempted from this privilege. The FLSA has put a few occupations under the exempted category (meaning people in those professions do not stand to receive overtime compensation). The FLSA puts people into this category whose job and work responsibilities are managerial or executive in nature. Oftentimes, though, they falsely use this so one must speak to a professional to understand whether you should be paid overtime. For example, if you’re an account manager, but no one reports to you, you are probably are not properly classified as exempt from overtime under the professional exemption.

Sometimes a job title can be quite vague, which creates a loophole for companies to take unethical advantage of it. Companies do that by making employees work for more than standard hours, by making their job profile look ambiguous and considering them as exempted employees, even when they are not. If you feel you are being victimized the same way, you can hire an unpaid overtime lawyer to claim the unpaid compensation that belongs to you.

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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.

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