As an employee, you should expect to be paid for all of the hours you work. There are some employers who try to get around paying their employees all they are entitled to, but there are laws in place to help ensure employees are getting fair pay. The Fair Labor Standards Act (FLSA) governs the payment of minimum overtime and overtime wages. According to the FLSA, “overtime” is any hours over 40 worked in a 7-day period for non-exempt employees.
Under the FLSA, employees are classified as exempt and non-exempt. Non-exempt employees are entitled to overtime pay. The FLSA outlines what job duties constitute exempt or non-exmpt employees. On occasion, an employer will pay someone a salary and classify them as exempt, even though the individual’s job duties do not qualify him or her for exempt status.
Payment of Wages
In addition to misclassifying an employee, there are several other ways companies try to get around paying overtime wages, one of which is requiring or allowing employees to work “off the clock.” This can include anything from allowing them work through unpaid lunch breaks, not compensating them for time traveled to a work site, and having them complete some work at home while they are not clocked in. All of these go against the law and could mean that you have been underpaid. Another method is paying employees their regular rate for any overtime hours worked instead of time-and-a-half. The FLSA clearly states that any non-exempt employee has to be paid at a rate of 1.5 times their regular rate for overtime hours.
How Powers Taylor Can Help
It can oftentimes be difficult to determine if you have been misclassified by your employer or receiving inadequate pay. The wage and hour attorneys at Powers Taylor can help you better understand the law and if you are entitled to missed wages. We will first try to reach a settlement agreement with your employer outside of court, however, should you decide to sue and bring litigation, we will be with you every step of the way. Let Powers Taylor fight for you and get you the compensation you deserve.