Is your employer stealing from you?

If you stole money from your employer, what do you think would happen to you?  You would probably be fired, you might go to jail, you could even be sued!  But what if your employer stole from you?  What if your employer was supposed to pay you money but instead pocketed the money you were owed?

Every year, employers steal millions of dollars from hard working employees by not paying required overtime.  In 1938, the United States passed the Fair Labor Standards Act.  This law requires that all employees be paid overtime unless they fall under a narrow exception. Overtime pay is pay at 1.5 times the usual hourly rate of pay.  You may be one of thousands of Americans who are owed hundreds – maybe even thousands – of dollars in unpaid overtime.

So what would you do if your employer stole from you?  I hope that you will consider contacting my law office.  I represent workers who are denied their rightful pay under the Fair Labor Standards Act.

How do employers fail to pay overtime?

The Salary Lie

Some employers tell their employees that they are a “salaried” employee and therefore not entitled to overtime.  In fact, the law determines whether a worker can be “salaried” or must be paid hourly.  The Fair Labor Standards Act says that only a few types of employees can be paid on a “salaried” basis.  There is a good chance that an employee’s job does not qualify as a “salaried” position and that the employee is entitled to extra compensation for each hour worked over forty in given week. 

The Independent Contractor Lie

Some employers tell their employees that they are an “independent contractor” and therefore not entitled to overtime.  But the Fair Labor Standards Act defines an “employee” as anyone who “suffers to do work.”  Chances are good that most workers classified as “independent contractors” are actually entitled to extra compensation for each hour they work over forty in given week. 

Having it Both Ways

Some employers want to pay their employees only for their hours worked – but deny them overtime as if they were salaried.  The Fair Labor Standards Act says employers can’t have it both ways.  Workers who are paid by the hour are entitled to overtime almost regardless of their position.  Even highly skilled workers who could be paid on a “salaried” basis become hourly workers when the employer chooses to pay them by the hour.  Even if someone is a highly skilled, highly paid worker, they may still be entitled to overtime if they are paid by the hour.

Stealing Time

Some employers don’t pay employees when the employee first starts working.  Time spent waiting for work to start, going through security, or suiting up for work can often qualify as paid time.  But many employers don’t start tracking time until a person “clocks in” long after they first began giving their employer their time.  Similarly, some employers do not pay for work time between projects – like time spent driving from one job site to another.  If you are spending time on behalf of your employer but not getting paid, there is a good chance you are entitled to compensation.

Miscalculating Base Pay

Overtime is your base pay multiplied by 1.5.  But what is your base pay?  If you receive bonuses, commission, or benefits, these may be included in your base pay.  As an example, if you are earning $10 per hour with a bonus of $40, your base pay might be $11 not $10 for overtime purposes.  This often arises where an employer gives a bonus for a shift differential, for extra work, or for working inconvenient hours.

What are employees entitled to?

Most employees are entitled to overtime pay for each hour worked over forty in a given work week.  If an employer breaks the law, the penalty can be quit severe.  Overtime pay is pay at 1.5 times the hourly rate for each hour worked over forty.  The law allows for repayment of the unpaid overtime PLUS a penalty PLUS attorney fees and costs.

Each case is different and recovery, if any, will depend on the facts of the case.  If you would like us to consider your matter, please click the "Submit Your Claim" button!