Warehouse Workers Overtime Pay Lawyer

Summary: Warehouse workers are often deprived of overtime pay and other benefits. A lawyer can ensure you receive the compensation you are owed. Contact us today to understand your legal rights and get the help you need to secure the compensation you deserve.

The Fair Labor Standards Act (FLSA) establishes standard minimum wage and overtime pay requirements for workers across a range of industries. Employees who are covered and nonexempt must be compensated at a rate of 1.5 times their regular pay when they work more than 40 hours in a workweek. This requirement is true whether the nonexempt worker is compensated at a piece rate, hourly, or salaried basis.

Many warehouse workers are paid low wages and are denied full wages for all the hours they work, including overtime. A warehouse workers overtime pay lawyer can help if you are facing these employment rights violations. A skilled unpaid wages attorney can investigate to get to the bottom of what happened, while actively working to negotiate a settlement or pursuing other means to recover rightful compensation.

Exempt vs. Nonexempt Employees in the Warehouse Industry

According to the FLSA, nonexempt employees must be paid at one-and-a-half times their regular hourly rate. This compensation kicks in when the nonexempt employee works beyond 40 hours in a week.

Companies will often try to misclassify warehouse employees as exempt to avoid paying them benefits such as overtime. Exempt employees typically fall into a few distinct categories, including:

• Executive employees
• Certain outside sales employees
• Highly compensated employees
• Certain administrative professionals
• Certain computer employees in the technology sector
• Individuals employed in specialized fields as learned or creative professionals

In most cases, warehouse workers qualify for overtime and should be compensated accordingly.  Almost all hourly employees are entitled to overtime, and salaried employees may also receive overtime pay in some cases where their duties and/or pay rate do not meet the legal requirements for exemption. A diligent overtime pay attorney can help if you are a warehouse worker experiencing wage violations.

A lawyer can help you gather the necessary documents and evidence to build a strong case. They can work to recover the unpaid wages and damages you are entitled to, which may include compensation for overtime, attorneys’ fees, and liquidated (double) damages.

Common Overtime Violations Experienced by Warehouse Workers

Labor violations against warehouse workers can take a wide variety of forms. Common examples include:

• Refusing to pay the minimum hourly wage
• Automatic deduction for rest breaks and meal breaks
• Failure to include all compensation (eg. shift differentials, bonuses, incentives) when calculating overtime pay rate
• Failure to maintain detailed wage and time records for warehouse employees
• Failing to pay employees for all hours worked, such as when completing paperwork, undergoing security inspections, doing handover meetings during shift changeovers or taking inventory
• Misclassifying warehouse employees as independent contractors to avoid paying benefits like overtime
• Misclassifying nonexempt warehouse workers as executive or administrative professionals to keep them exempt from overtime

If you are a warehouse worker and are nonexempt under the FLSA (as the vast majority of warehouse workers are), you must be paid for overtime whether you are compensated hourly, on a salary basis, on a piece rate basis, or on a day rate basis. The law requires that you be paid for all hours worked, regardless of your scheduled shifts.

A warehouse workers overtime pay attorney can help if your employer is violating these legal requirements. Whether failing to pay you overtime or neglecting to provide proper breaks or other violations, an aggressive attorney can help you hold your employer accountable and recover the compensation you are owed.

Consult With a Warehouse Workers Overtime Pay Attorney

Almost all warehouse workers are nonexempt employees who should be compensated with overtime pay when they work more than 40 hours a week. If you believe your wage rights have been violated, you should consult with a warehouse workers overtime pay lawyer who can strategize the best next steps.

When your employer is violating legal requirements, you have recourse. An attorney can make a significant difference in your case while protecting your rights every step of the way. Contact us today for your free and confidential review by filling out our online form or using our online chat.