A Law Firm Fighting For Fair Pay
The most common wage and hour violation is “misclassifying” you as overtime exempt by calling you a “Manager” or “Supervisor.”
Most employees believe they are not entitled to overtime pay simply because their employer tells them so. When asked, many people say, “my employer said I am exempt,” “I hold a supervisor title, so I don’t get overtime,” or “my employer pays me a set salary, so I don’t get overtime.” They make you believe you do not get overtime simply because of a job title they gave you, or because they decided to pay you a set salary. These tactics are often used by employers to avoid paying overtime as required under the law. The U.S. Department of Labor estimates that over 70% of covered employers fail to comply with the federal wage and hour laws (the Fair Labor Standards Act).
Other common wage violations are:
- Requiring hourly workers to do pre and post-shift work “off the clock.”
- Working during unpaid breaks.
- Labeling you a “contract employee” to avoid paying overtime.
- Failing to include all bonus or commission pay when determining your overtime rate of pay.
The general rule is that all employees should be paid time and a half for hours worked in excess of forty per work week. There are obviously exceptions to this general rule. But, your employer bears the burden of proving that you fall under an exception to overtime pay. The exceptions to paying you overtime can be difficult for your employer to meet. If you are denied overtime pay, it is worth having your situation reviewed and evaluated. This applies to your current and former employers (under the law, it is possible to go back up to three years regarding prior employers). Over the past several years, Donelon, P.C. has settled in excess of $100 million in overtime class/collective action matters across the country.
Our initial review of your employment and compensation experiences is free. If our office represents you in a claim, it is done on a contingency basis — we don’t get paid unless you get paid.
Attorneys With Professionalism And Experience
To see how the employee compensation rights lawyers at Donelon, P.C., can help in your case, contact us online or call us at 816-221-7100 (toll free: 844-I-WANT-OT) and schedule a free initial consultation.
We serve clients throughout the United States from our offices in Kansas City and St. Louis, Missouri.