Employment law is difficult to understand without a legal background. It used to be believed that hourly employees received overtime for anything worked over 40 hours, while salaried employees were at the mercy of their employer receiving a flat salary regardless of how many hours they worked.
Employment law is not that simple and mistakes are made in how salaries are paid out all of the time. You need someone who is an expert in employment law and can help you receive what is rightly owed to you.
As a salaried employee you may be eligible for overtime.
As an hourly employee you may be eligible for additional compensation in unpaid overtime. If you are an independent contractor, you may have been misclassified and denied important benefits and wages.
Are You a Victim of Wage Theft?
Many employees brush the idea of additional compensation aside because they trust their employer but “wage theft” is not always committed by greedy companies. A large percentage of companies have misclassified employees, out of a lack of knowledge or bad advice, not a desire to wrong their workers.
LinkedIn Ordered to Pay Nearly $6 Million to Employees
Take LinkedIn Corp’s case recently, for instance. The U.S. Department of Labor uncovered a violation of overtime and record keeping rules in the professional networking services company. Upon notification of the wages owed, LinkedIn Corp. agreed to pay nearly $6 million in back wages and damages to 359 of its current and former regional salespeople.
LinkedIn issued a statement blaming the error on poor record keeping, “This was a function of not having the right tools in place for a small subset of our sales force to track hours properly;…” As part of that arrangement, and in keeping with the Fair Labor Standards Act, LinkedIn agreed to prohibit off-the-clock work for employees eligible for overtime
Off-the-clock Work and You
Off-the-clock work has become a highly contested point as of late with smart phones providing email access and the ability for many employees to access their files away from the office. Employers of all sizes are setting expectations (mainly verbal or through peer pressure) that email will be checked and phone calls answered outside of office hours and on vacation. Some employers compensate employees under-the-table for work above 40 hours. What are your employer’s expectations for you outside of work hours?
Consider Your Options and Receive the Back Wages You’re Owed
The Fair Standards Labor Act requires employers to pay time-and-a-half for every hour over 40 hours worked (in one week). Paying cash for working off-the-clock does not meet these standards.
If you’re eligible for overtime and have ever been asked to work outside of traditional hours – even checking and answering emails – (or have been forced to in order to keep up with the workload), you may be eligible for compensation. Only an employment attorney who specializes in unpaid overtime can be certain.
If you have questions regarding unpaid wages contact Wenzel Fenton Cabassa, P.A. today to schedule your free consultation, 813-579-2483.