INSIGHT | KNOWLEDGE | GUIDANCE

The FLSA establishes the requirements on how employers pay employees. Employers must pay overtime at a rate of one-and-a-half times the employee’s regular hourly rate for all hours worked over 40 hours in a workweek. 

Failing to comply with the FLSA and other applicable wage and hour laws may require employers to pay the affected employee for unpaid wages plus certain penalties and fines. Given certain job types may be exempt from this requirement and state and local laws may provide different overtime requirements, having an experienced attorney to assist in analyzing potential overtime pay claims is vital.

Listed below are some examples of overtime violations:

1.  Mistakenly categorizing an employee as exempt or an independent contractor and claiming ineligibility for overtime pay.

2.  Making or being aware of an employee who works “off-the-clock” but refusing to pay overtime for the additional time.

3.  Paying an employee overtime at the wrong rate.

4.  Requiring an employee to work through lunch or rest breaks without compensation. 

Misclassifying employees can cost you. This happens when an employer improperly categorizing a worker as an independent contractor (or 1099 worker) that should be classified as an employee (or W-2 worker). Independent Contractors are generally exempt from crtain benefits, overtime compensation, and other legal protections that are unavailable to employees. Businesses suffer the consequences of misclassification claims. Improper employment classification as exempt could result in employers owing back pay for overtime or minimum wage violations; liquidated damages; and other penalties. 

The LegalSuite™ has counseled several clients (employers and employees) on employment classification, independent contractor management and contracts, wage audits relating to misclassification claims, and more. Allow us to assist you in avoiding and mitigating the pitfalls and expense of noncompliance.

Complete pay for a day's work shouldn't be an issue, right? Unfortunately, claims of underpayment for services rendered happen more often than not. Whether you are seeking earned wages an employer owes or defending against claims of unpaid wages, this is an area of the law you do not want navigate alone. The ways in which a company can fail to fully compensate workers may include the following (without limitation):

1. Payment that is less than the federal or state minimum wage or failing to pay overtime.
2. Undercounting the total number of hours worked.
3. Nonpayment for required attendance at a company-mandated training, meeting, or other business-related function.
4. Failure to pay for business-related travel beyond the normal commute to and from work.
5. Withholding earned tips, commissions, and bonuses.

The LegalSuite™ will analyze your situation and assess whether a violation occurred. We will fight for you armed with the law and our expertise to make you whole.