Overtime Pay Violations
Under federal law, employees have a right to
receive a fair day’s pay for a fair day’s work. If you work more than 40 hours
per week and meet certain other eligibility requirements, your employer must
pay you at least 1½ times your normal hourly pay for your overtime hours.
Employers may try to avoid paying their employees overtime through a variety unlawful pay practices. If you answer “Yes” to any of the following questions, you may have an overtime claim against your employer:
- Has your employer failed to pay you time-and-a-half for the hours that you worked over 40 hours in a given week?
- Have you worked from home or “off-the-clock” because your employer told you to or because you were expected to?
- Has your employer refused to pay you for overtime hours that you worked because you were “not approved” to work overtime?
- Have you ever received a bonus from your employer based on your performance or the company’s performance?
- In calculating your hours worked, has your employer failed to include time spent:
- in a meeting before or after your shift;
- traveling between job assignments or to a different job site;
- time spent preparing for work (for example, getting dressed in special clothing required for work, gathering tools/equipment, moving through security checkpoints); or
- waiting for cargo or loading/unloading cargo?
- Does your employer deduct meal breaks from your pay checks even when you skip them or they are interrupted by work?
- Has your employer ever “docked” your pay for any reason?
- Does your employer classify you as an independent contractor?
- Does your employer pay you a “day rate,” annual salary, or set amount each paycheck even though other employees with the same job are paid by the hour?
- Does your employer claim that you are exempt from overtime even though you have little discretion over the performance of your work?
If you answered “Yes” to any of the questions above, you may be entitled to monetary damages. To learn more, contact the Wagoner Law Firm for a free case evaluation.