KNOW YOUR RIGHT : GET PAID FOR OVERTIME

Have you been robbed of your rightful wages after working overtime for your employer? And many times been given the answer that you are not eligible for overtime wages? If yes, then it is time you found out what exactly are the laws for the unpaid overtime. It is always assumed that your employer is following the right labor laws, but it is better to be aware in case you are being deceived and engage the services of overtime law firm in case you are unpaid. Following are some of the instances where your boss can trick you into not paying overtime wages:

CALCULATION OF OVERTIME

For calculating the overtime pay, you must first calculate the regular pay. This also includes compensation and bonuses, shift differential, commissions, salary. However the extra benefits such as gifts, reimbursements, or other employee perks. The overtime should be fifty per cent more than your normal wages, i.e. one hundred fifty per cent of your normal wages should be paid to a worker. 

EXEMPT FROM OVERTIME PAY

The eligibility of any worker for overtime is never up to any employer. It depends on the kind of work you do. Many employers wrongfully categorize the worker's profile as a non-exempt to avoid giving them one and half time overtime payment for more than forty hours a week.

WORKING ROUND THE CLOCK

If you are being worked round the clock by your employer, then you should be paid for all the hours you worked. If you are being asked to work from home at night or weekends, then your employer is required to pay you for that time as well.

If you feel that your employer isn't paying you overtime wages and is trying to deceive you, it is time you consulted your lawyer. Your lawyer can help you file a lawsuit and explore the options you can go for.

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Learn How To Fight For Your Rights

All employees are legally entitled to receive their wages and overtime pay in a timely manner. Many employees who have not been paid amounts, feel hesitation to complain because they are concerned about being fired or retaliated against. The wage and overtime laws have built-in protections prohibiting such retaliation.

Consult the Unpaid Wages Attorneys immediately if your employer denies to pay your rightful amount. They will fight for your right to get back the amount that your employer did not pay to you. You will get help to recover your following wages:

• Earned bonus and promised bonus
• Vacation
• Earned wages
• Salary
• Commissions

There are various reasons when an employer refuses to pay an employee:

Simply withholds your payment: Many times, the employer violate to the payment policies of the written employment contract. They try to make fool of you. At this time, you can get help to revive your wages, following the legal procedure.

Denies making your final payment: Once you leave the company, an employer can refuse to pay your last month fees or continuously delay to pay off the rightful amount over and over again. At this moment, you need to take a legal action to get back your payment at the earliest.

Unpaid Overtime Fees: Most of the time, employees have to work under pressure and they have to work extra hours. On the other hand, an employer doesn’t bother to pay them extra. Employees get usual wage amount, deducting the extra amount at the time of the payments. Only a legal advice can help you to come out of the situation.

Does Not Pay On Time: It is a common scenario that the employees don’t get wages on time. The employees believe that they can use their employers to the optimum level. It is a kind of exploitation that can be especially seen in the private sector. It is your right to get your hard earned money at the correct time.

The employment contracts are legal and the employee and  the employer are supposed to adhere to the employment contract strictly. Whatsoever is written into the employment contract should be followed strictly on the side of the employer as well as the employee. A legal action can be taken if anyone tries to violate the contract on the part of the employee and the employer. When the employer refuses to pay his employee, it is called as “unpaid wage”.

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2 Questions To Ask Your Employer To Avoid Overtime Related Issues

According to the law, most workers are entitled to be paid for each hour they spend working over 40 hours in a regular workweek. However, overtime related issues are still one of the most common wage related problems that employees face. Employers may use various tricks to pass up the payment of overtime.

But, you can avoid these issues. How? Before starting a job, you must ask your employers the following questions.

1.       Is your occupation exempt from overtime?

First thing you need to clear with your employers is whether the job you are joining is exempt from overtime laws or not. You should know that many occupations fall under this exemption category, which makes those employees exempt from fair wages. By clearing this fact, you can ensure that you will be paid for the extra hours (If any).

 2.       What is included in overtime?

This should be your next question. You should know what is included in the overtime category. Whether you are told to come to office few minutes earlier (before log in) or to stay late to complete your work, you are entitled to the payment for those extra hours.

Some employers trick workers into working before they log in or after they log out, so that there is no evidence of extra hours’ worked. But, employees should know that it still falls under overtime and they should get paid for those hours and work.

Before you start working on a job, you should clear up the above mentioned points with your employers. If you are still facing issues in getting paid for those extra hours, then you should raise questions regarding it with your employer or higher authorities in the company.

If you do not get justice from your company, then you should consult an unpaid overtime lawyer. The attorney can provide you legal counsel regarding this situation. They can also help you find out the best possible method of getting your unpaid overtime.

   

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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.

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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.

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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 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.

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Common Wage and Hour Violation Mistakes that Every Employer Must Avoid

With each passing year, the numbers of wage and hour violation cases are increasing. According to the Fair Labor Standards Act (FLSA), it is mandatory for employers to pay their employees correctly, based on the numbers of hours worked. In case your employer fails to comply with the FLSA guidelines, you have the right to file a legal claim with the assiatance of unpaid overtime lawyers.

 

To have a better understanding of the wage and hour violations and to ensure that you don’t become a victim, you should go through the information given below.

• Many employers deliberately misclassify their workers as exempt from overtime and claim they are salaried. However, it is necessary for employers to make sure that the job duties of workers is in accordance with one of the exemptions from overtime, before they can be classified as exempt. The employer must prove the exemption and everyone has a different threshold to meet. Don’t let the employer trick you into thinking you are salaried and not entitled to overtime – in fact, you may very well still be entitled to it.
• There are certain situations in which employers need to pay for the travel time, but unfortunately, not many employers bother about it. If an employee has been asked to come back at work because of an urgent work, travel time may be compensable in such situations. There are also few other situations when workers are entitled to receive compensation for the travel time. Sometimes going to the first or last job site is not compensable, but traveling to other sites between the first and last generally is.
• Many employers also take advantage of unpaid breaks. According to FLSA, any break under 20 minutes should be paid. For meal breaks the employee is entitled to a free uninterrupted meal time. If the employer doesn’t pay for meal time, but doesn’t relieve the employee fully from their duties, the employee may be entitled to overtime.
• Not paying overtime to employees is one of the most crucial wage and hour violation mistakes. However, some of them do it deliberately while others do it unintentionally. Generally, it is done to save money so the owners make more, the shareholders make more or the managers receive a bigger bonus by keeping time under control.
• Improper record keeping is another mistake which can be used against the employer.

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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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