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Kansas City Missouri Overtime Pay Law Blog

Young workers and overtime violations

On this blog, we have gone over various issues related to overtime violations. Regrettably, these violations can affect those who work in various fields and upend the lives of employees of all ages. However, some people may be particularly vulnerable when it comes to denied overtime and other employee rights violations. For example, a young worker may not receive overtime pay that they were entitled to because their employer thought they could get away with taking advantage of the worker.

Sometimes, younger workers' rights are denied because they may not have a clear understanding of how employment law protects them, while others worry that if they say anything about it they will lose their job, which can be particularly worrisome in a competitive job market. If you have a teenager who is employed and you suspect that they have not received overtime pay that should have been given to them, you should look into the situation and consider your options if their rights were violated. Furthermore, if you are a young worker (or an employee of any age) and you think that your employer shorted you with respect to overtime pay or another issue related to employment law, you should not be afraid to speak out.

An introduction to overtime distribution

For many members of the Missouri workforce, the option to work overtime and collect additional benefits is an opportunity to create a better financial situation. However, this advantage can become increasingly frustrating when employers fail to properly distribute overtime pay or neglect to recognize a worker's extra contributions altogether. When employees are aware of how overtime pay is determined, they may be better able to recognize when they are being treated unfairly. 

According to Missouri Department of Labor & Industrial Relations, according to state law, employers are required to pay overtime if their employees exceed 40-hours of work in one week. They are not required to pay if a worker exceeds 8 hours of work time in one day. Overtime pay is one and one-half times the standard rate an employee is already receiving. If an employer asks an employee to waive his or her rights to collect overtime pay, they are in violation of the law and may face significant consequences including fines. 

Can an employee waive overtime pay?

Whether you are an employee or own a company, you may have numerous questions related to employment law. After all, there are many facets of this legal area, employees have many rights, and the laws vary from one state to the next. For example, some wonder if employees have the ability to waive overtime pay. When it comes to overtime, some people may not realize the protections that are in place, which can be disastrous for employers and employees alike. While an employee may miss out on income that they depend on and were supposed to receive, an employer may face penalties for violating the law.

The Department of Labor and Industrial Relations states that employees are not allowed to waive their right to overtime pay. In fact, this is prohibited under both federal and state law. If you have been asked to give up your right to overtime pay that you were eligible for, you should look into all of your options right away, such as filing a complaint. To some people, the idea of giving up overtime pay on a voluntary basis may sound unimaginable, but there are different reasons why this may occur, such as an employee being tricked into thinking such a decision will benefit them.

Loan originators are often not compensated fairly

It has been established, with very few exceptions, that persons working as loan originators are entitled to overtime pay under federal and state wage laws. This includes but is not limited to: loan officers, mortgage consultants, and mortgage loan advisors.

Knowing this, many banks and mortgage companies implemented pay schemes which appear to comply with the law. However they appear, many of these schemes violate a loan originator’s compensation rights. Here are some common schemes that Donelon, P.C. has successfully litigated.

A salary does not automatically exempt you from overtime pay

It may have seemed like a step up when you became a salaried employee and took on more job duties at your place of employment in Missouri. However, staying late, coming in early and being on call can be wearing, especially now that you are not getting overtime pay. We at the law office of Donelon, P.C., often provide legal information and assistance to workers whose employers are not paying them the overtime pay they are due.

According to Monster.com, your salary is not the only factor in determining if you are overtime exempt. In fact, it is just one of four criteria that must be met. Not only must you make a minimum of $455 each week, or $23,660 for the year, you must also have authority to perform these job functions:

  • Hire or terminate employees
  • Directly supervise the work of at least two other employees
  • Manage the enterprise (as your primary responsibility)

What are some examples of overtime violations?

In the workplace, the rights of employees are violated in many ways. From discrimination to wrongful termination, these violations can create numerous challenges for those whose rights have been ignored or intentionally violated. However, overtime violations are especially problematic and some workers in Kansas City and other parts of Missouri are not even aware that they are being taken advantage of. There are different ways in which overtime violations occur and it is important for employees as well as employers to understand the law and take action in the event that it is broken.

According to the Department of Labor and Industrial Relations, when overtime takes effect an employer is obligated to compensate an employee at 1.5 times the rate of their regular pay. If an employer asks an employee to give up their overtime, this constitutes a violation of employment law. Moreover, employees are not allowed to forfeit overtime pay voluntarily. When an employee works for more than eight hours in a single day or 40 hours in any given week, their employer is required to pay them overtime. Those who believe that they have not received overtime pay that they were entitled to need to look over their rights immediately and may want to file a complaint.

Supreme Court hearing: car dealerships and overtime pay

The Supreme Court frequently encounters cases that involve confusion over the exact definitions and wording within the law. One such case now requires the judges to closely review the Fair Labor Standards Act (FLSA) to determine exactly who is entitled to overtime pay at automobile dealerships.

The case, Encino Motorcars v. Navarro, asks the court whether service advisers at dealerships are exempt from overtime pay. The employees at Encino Motorcars, represented by Navarro, claim that they deserve overtime from the dealership under FLSA protections. The dealership, of course, disagrees that they are non-exempt.

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