Fair Labor Standard Claims/Overtime Claims

Wage and Hour Violations

Unfortunately, many companies violate federal laws protecting the overtime rights of employees. The federal Fair Labor Standards Act (FLSA) sets forth wage and hour standards, including standards for minimum wage and overtime pay.

Common wage and hour violations include:

• Misclassifying employees as “exempt” from overtime
• Misclassifying employees as “independent contractors” to avoid paying overtime
• Altering timekeeping records to avoid paying overtime
• Not paying employees for working through their meal breaks
• Working employees off-the-clock

In most cases, nonexempt employees must be paid minimum wages and overtime pay for all hours worked in excess of forty hours in a work week. Employees that are paid a salary, by piece-rate or by commission are often told they are exempt from receiving minimum wage or overtime. Many of these employees are actually entitled to minimum wage or overtime pay. To qualify as exempt, your job duties and method of compensation must meet all requirements of one of the FLSA’s exemptions.

If you are a nonexempt employee and are not paid minimum wage or overtime pay, you may have a wage and hour claim against your employer.

Some employers misclassify employees as independent contractors to avoid paying overtime and minimum wage and to avoid providing other benefits guaranteed to employees.

Examples of commonly misclassified employees include:

• Construction workers
• Cable and satellite installers
• Case managers
• IT workers
• Paralegals
• Mortgage loan underwriters
• Nurses

If you do not receive minimum wage or overtime pay, contact one of our wage and hour attorneys to discuss your potential claim.