Common claims under FLSA
Do any of these sound familiar?
The following are a number of common scenarios that often give rise to claims for unpaid overtime. If you have experienced any of these, you may be entitled to recover money for double your unpaid overtime wages. Contact us and we can give you more information and review your specific circumstances. You can submit your information using the convenient online intake form, send an email or call.
- You are paid a "flat salary" no matter how many hours you work, but you are not really involved in management, supervision or decision making for the business. (See the tests for determining if you are exempt )
- You get to work before your scheduled time and begin working (setting up, roll call, etc.), but don't clock in until your scheduled start time.
- You are required to clock out at your exact scheduled finish time, but continue working "off the clock" to finish your work, clean equipment or do a few extra work-related tasks.
- You take work home with you, but do not include the time spent working at home on your time record and your employer permits this.
- You spend your lunch break at your desk and respond to I.M.s from the boss or e-mail messages from clients and dont feel you can put off responding until after your lunch break.
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You spend significant time responding to BlackBerry messages when you are "off the clock"?
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You work through your lunch break or eat lunch at your desk, but the time allowed for lunch is deducted on your time record.
- You are paid "straight time" for all hours you work, even if you work over 40 hours in a single workweek.
- Your hours are averaged over 2 or more workweeks to determine overtime. If you work 50 hours one week and 30 hours the next (for an average of 40 hours per week), you are paid for 80 regular hours and no overtime.
- You are not paid for overtime hours because you didn't "put in" or get permission to work, although your employer knows (or has reason to believe) you are doing the work.
- You are treated as an "independent contractor", but your work is largely controlled by the company. (See factors to consider in determining if you are an independent contractor).
- Your employer doesn't keep track of your hours or does so in a sloppy manner that results in you getting shorted on your time.
- You are periodically paid a "bonus" or something "extra" for working overtime, instead of being paid time and a half for each hour worked over 40 in a single workweek.
- Your bonuses, shift differential, commissions and/or other incentive pay is not included when calculating your overtime pay rate.
- You don't get overtime because you are paid a "salary" and/or given the title of manager, assistant manager or supervisor, but do not have any real authority to "manage" or direct other employees or the business. You don't have the authority to hire or fire others and your suggestions on such are not given any real weight.
- You work for tips, but your tips combined with the wages paid by your employer do not equal the minimum hourly wage ($5.85 per hour effective July 24, 2007 / $5.15 per hour prior to July 24, 2007) and your employer does not make up the difference.
- You work for tips, but are required to share your tips with managers, dishwashers, cooks, chefs or others who are not entitled to share in tips.
- You don't work for the government, but get "comp time" instead of overtime pay.
- You are required to do a lot of traveling on behalf of your employer, either from job site to job site or overnight, but are not paid for some or all of the time spent traveling.
- Your employer requires you to wear a uniform, but makes you bear the cost. Because of the uniform costs you end up earning less than the minimum wage ($5.85 per hour effective July 24, 2007 / $5.15 per hour prior to July 24, 2007) and it cuts into your overtime pay.
- You are required to wear a uniform or other specialized gear, but are required to change at work before clocking in and/or after clocking out.
- You are required to attend work-related meetings and/or training sessions, but these hours are not included on your weekly time record.
- You are required to be "on call" when you are not scheduled to work and must be able to report to work within a short period of time.
- You are a Field Service Technician and must call in each day from home to get the day's schedule, but are not treated as being On The Clock from this point on and are not paid for traveling to the first job of the day.
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Michael D. Lore, P.C. is a Martindale-Hubbell AV-rated law firm that focuses its practice on representing plaintiffs in employment law claims and lawsuits. Serving individual employees throughout the U.S. including those in the states of California, Texas, Illinois, Colorado, Oregon, Ohio, New York, New Jersey, Florida, Georgia, Alabama, Arkansas, Mississippi, Louisiana, Oklahoma, Washington, Kentucky, Massachusetts, Connecticut, Maine, New Hampshire, New Mexico, Nevada, Iowa, Hawaii and Alaska.