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.

Read More

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.

Read More

Not Getting Paid For Overtime? It's Time To Call Law Firm!

When you work overtime, you expect to be paid for it. And that includes wages above your salary. Per hour you get paid extra money and if your employer is cheating you out of your earned salary, it time to call overtime law firm. They will make sure that you get not only your salary but also the extra compensation for harassment you went through. If you are looking for compensation, hen there few important factors you need to keep in mind:

Proof of the overtime hours:

Having a solid proof of the time you worked for your company  is the utmost important thing. Otherwise you would be denied your right and could even lose in the court.

Ask your employer for the compensation:

You have the legal right to ask your employer the extra compensation and if he is refusing to grant your pay, then ask your lawyer. He will contact your office and explain them to pay your wages or legal action would be taken against them.

Legal law:

Businesses pay time and half rate to employees who put in 40 hours in a  week. Whether the employee is part time or full time if you are working extra hours, then employer has to pay additional wages.

Some of the companies try to misrepresent the federal law by tricking the employees to work extra as a favor to your company. And sometimes employees do it as a favor to their superior. Search carefully for the overtime law firms in your area. Most of the attorney provide free consultation regarding your case and you pay them if you win the case and you got your worth.

Read More

Know Your Rights!- What If You Aren't Getting Compensated For Your Overtime?

Overtime hours worked by the employees have to be compensated from the employer as it is their right. And if the employer is cutting losses and refusing to pay for overtime, it is time to file a lawsuit for your unpaid wages. There are different factors that play a part for you to claim a legit compensation.

Standard minimum wages:

You must be paid the minimum wage for the hours you have worked for or the agreed wage at the time of contract. And if your employer is refusing to pay that rate, then you should file a lawsuit.

Overtime wages:

If you are working overtime, then you should be paid extra than the normal wages. Under the law governed differently by different states, the overtime wages have to paid if the forty hour weekly limit of the employee is being exceeded and the wages should be one hundred fifty percent of your regular rate. And if your employer is failing to pay you overtime, then you will have legit claim to pursue lawsuit against your employer.  

 Penalty fees:

By law, the employer is to pay additional penalty along with the unpaid wages. The attorney fees also has to be paid in addition to the the money you spend in  pursuing the case. If you win the lawsuit, then every additional cost you spent for the case, the penalty, the overtime pay will have to be paid to you.

Rate of interest:

State laws have regulations regarding the unpaid or overtimes wages and one has to be paid along with the rate of interest which is liquidated damage. The amount that is charged over the unpaid wages is set as lieu of interest, to be awarded to employee who has successfully proven the charges against the employer under federal law.

So these are the some basic overtime payment regulations and if your employer is breaking the law by violating the agreement, it is time to hire a law firm for filing the lawsuit.

Read More

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.

Read More

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.

Read More

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.

Read More

How Human Psychology Encourages Wage Violations?

Cases of employers refusing to pay overtime wages and employees not taking action against it are a normal thing in the work places. Employees may not realize it but psychology plays an important role in increasing the risk of unpaid wages. Human psychology affects the way workers behave in the work place in different situations, whether they are good or bad.

Following factors in the workers’ psychology increases the risk of unpaid wages –

Human are social creatures – It is a common phrase that humans are social creatures. It is in their nature to live in groups and try to fit in these groups. In offices, these human psychology forces employees to try to perform better even in worse situations. Workers try very hard to socialize with others, no matter how hard the conditions are for them. When workers do not take any action against the first unfair situation, it encourages employers do it again and again. It can start with forcing to spend some extra hours in office on a weekend without payment, and can go up to the worse conditions like bosses refusing to pay entire week’s overtime.

If no one else is objecting, then why should I – It is another characteristic of human psychology. Usually, when we see that others are not objecting over unfair conditions, we too refrain from taking any action against it. Slowly, it becomes an unspoken rule of the work place. It can lead to unpaid wages since bosses see that their workers do not complain.

People are habitual – We get used to things/situations in a very less time. Not getting paid for the worked hours or overtime slowly becomes a habit.

Loyalty is in human nature – After working for several months or years in the same office, employees become loyal to the company/boss. It becomes hard for them to protest or sue the company, even in case of unfair conditions. People feel compelled to continue working for their boss even if they are not getting paid fairly.

Due to above mentioned characteristics of human psychology, employees risk being wage victims. If you are not getting paid according to your work hours or extra time, contact overtime lawyers to help protect your rights.

Read More

What Legal Options Do You Have When You are Fired Wrongly?

Every year thousands of cases are filed against employers that unlawfully fire their employees for improper reasons. One of the trending reasons behind such incidents is retaliation after they raise voice for their unpaid and overtime wages. Hence, it is necessary for workers to understand that they are protected from terminations or other punishments after speaking up about their wages if they are shorted their lawful pay.

Getting fair pay is the right of every employee and under no circumstance, they should compromise with it. You are entitled to pay for every hour worked. Anything done for the benefit of the employer, such as security checks, folding napkins, booting up a computer is time that should be compensated. If you have any concerns, consulting a professional overtime attorney is highly suggested.

A professional can explain all the laws that protect you in these situations. You can book a free confidential consultation session to have your present situation evaluated. If they find out that your rights were compromised, and that you were wrongfully terminated, you may receive the following damage coverage.

Front Pay- It includes the coverage of lost future earnings and benefits caused by an illegal termination. The idea of the front pay is to visualize the situation where wrongful termination of the employee did not occur and compare it with the present situation. A front pay award will be allowed, if worker is found getting paid less compared to the payments before the wrongful termination.

Back Pay- It includes the calculation of what the employee has earned after the termination and what they would have earned up to the date of verdict, to calculate the damages. However, in some circumstances, the employer can reduce a back pay award, if employer successful proves that the accuser’s mitigation efforts were not good enough.

Emotional Suffering- This is a tricky issue. Most jurors are not sympathetic with emotional suffering in a commercial or business dispute. If there is some degree of sexual harassment in which an employer coerces an employee for sex as a condition for employment, otherwise known as quid pro quo sexual harassment, the employee may be entitled for this recovery. Employee can also receive a compensation for their emotional suffering. However, it is necessary to present evidence that shows a genuine connection between the emotional pain and unlawful act of the employer. It is understandable that sufferers do not always seek medical help for emotional disturbance, but still some credible evidence of the distress is mandatory.

Read More

What Options do You Have When You aren’t Being Paid Fairly?

The law clearly states that every employee is entitled to receive pay for every hour worked. Still the number of complaints for overtime violations and pending wages is increasing day-by-day.  This is due to the bad economy.  Ironically, even in a good economy management still tries to maximize profit and mid-level to high level management receive bonuses at the expense of the workers by keeping labor costs to a minimum.

7 most common ways in which employers usually exploit their employee’s rights are-

1. Asking employees to work while they are “off the clock”

2. Asking them to work through their meal breaks

3. Not providing them a free uniterrupted meal breaks

4. Not paying overtime with one and half of their normal pay rate
 
5. Telling workers that work performed on pre-shift/post-shift hours is not compensable

6. Paying them less than minimum wages set by FLSA

Every employee needs to understand that under the Fair Labor Standards Act (FLSA), they must be paid at least minimum wage for normal work hours. Whereas for any work done after their weekly 40 hours’ work, they are entitled to overtime pay. Most of the times, it is calculated by multiplying regular pay rate by 1.5.

If you believe that your rights have been breached, you should seek assistance from a skilled overtime attorney. The overtime lawyer can offer you a free consultation to analyze your present situation and to find out whether you are entitled to file a lawsuit, or not. These wage and hour lawyers may also investigate the matter to determine if this should be filed as an overtime class action, individually, or in some instances not at all. 

They will suggest you to file a lawsuit against the employer after evaluating all the other options. They can protect your rights and help assist you in receiving all owed wages and sometimes it’s possible to receive double or even triples damages with attorney fees paid separately.

Receiving fair pay is the right of every employee and under no circumstance you should compromise on that.

It is strongly recommended to keep track of all your working hours and pay slips to have your situation evaluated properly. It will also support your claims in case you file a lawsuit. Keep policies and procedure manual of your workplace with you to help your attorney with more detailed information.

Read More