YOUR RIGHT TO FAIR WAGES AND OVERTIME PAY:
Federal and state laws guarantee many Americans the right to fair wages and overtime pay. Employers violate these laws in many different ways, some creative and others simply copying practices already rejected by courts. Many of the most common violations entail failure to pay overtime to workers who qualify for mandatory overtime rates, requiring employees to work “off-the-clock” before and after their shifts without pay, failing to pay for “log on” time and other preparatory activities, failing to reimburse employees for job expenses, and misclassifying employees as exempt from wage and hour laws either on purpose or by mistake.
Just because your employer assures you that its pay practices are lawful does not mean you receive all compensation you have legally earned. Wage and hour laws are often complex and tricky. Employers sometimes misapply, misinterpret or even ignore the law. You should consult with an experienced wage and hour attorney if you have questions about the pay practices of your employer or former employer. Statutes of limitations may apply. This article describes some of the more common violations of the wage and hour laws.
Failure to Pay Overtime:
Employees subject to the federal wage and hour law and some state laws are entitled to receive one and a half (1 ½) times their regular hourly rate for work performed in excess of forty hours per week. All time worked must be counted in calculating overtime including, but not limited to, all work activities and activities before and after a shift which are integral and indispensable to the primary work activities. Thus, activities before assigned shifts, such as “logging on” to computer systems and programs or dressing in required clothing or protective gear are counted in determining whether the employee is entitled to overtime wages. Policies and contracts to the contrary may be ineffective.
Another reason for failing to pay overtime wages may be misclassification of jobs as exempt from the federal or state wage and hour laws. This may be the result of wrongful application of the complex tests prescribed under applicable laws or regulations or failure to consider deductions from pay. Complex tests for coverage under the wage and hour laws and exemptions often apply. If you believe you have been denied overtime pay due to misclassification, you should consult an attorney experienced in wage and hour claims.
“Off-the-Clock” Work:
Employers must pay for all work performed by their employees. Employers may not
avoid paying employees for any work performed “off-the-clock.” Such “off-the-clock” work may include tasks performed before, during or after assigned shifts which are integral and indispensable to the primary work activities such as “logging on” and “logging off” from computer systems and programs, dressing in required clothing or protective gear, or driving to and from the bank to make deposits on behalf on the employer.
Pay for “Log on” Time and Other Preparatory Activities:
Employers must pay for all work performed by their employees covered by applicable wage and hour laws, whether performed before, during or after assigned shifts. Employers must pay for all preparatory activities prior to assigned shifts such as logging on to computer systems, reading company information, and dressing in required clothing or protective gear. Employers must pay for all work including activities during assigned shifts such as waiting for work and walking between different locations in the workplace. Employers must also pay for all activities performed after assigned shifts such as completing paperwork, tasks extending beyond the end of a shift, logging off from computer programs and systems, and removing required clothing or protective gear.
Failing to Reimburse Employees for Job Expenses:
Under certain circumstances, an employer’s failure to reimburse job expenses may result in violation of federal and state minimum wage laws. Expenses paid by employees for the primary benefit of the employer are included in determining payment of minimum wage. For example, if an employer pays minimum wage, that employer cannot require its employees to purchase their own uniforms because the net effect is payment of less than minimum wage. Similar minimum wage violations may occur when employees are asked to pay for their own vehicle expenses when they use their personal vehicles for work.
Misclassifying Employees as Exempt from Wage and Hour Laws
Employees may be wrongfully denied overtime pay because their employer misclassifies them as “exempt” from the federal or state wage and hour laws. Such misclassifications, whether inadvertent or willful, include errantly classifying employees as exempt supervisors, professional employees, exempt nurses, and other exempt classifications. Complex tests for coverage under the wage and hour laws and exemptions often apply. If you believe you have been denied overtime pay due to misclassification, you should consult an attorney experienced in wage and hour claims.
Misclassifications also include incorrectly deeming employees as exempt “salaried” employees, rather than protected hourly employees. Although an employer may consider an employee “salaried,” that employee may still be protected by the wage and hour laws if he or she is subject to certain deductions of pay such as deducting less than one day’s pay for time missed due to illnesses, injury, personal time, tardiness or discipline. Also, an employee may be protected by the wage and hour laws if he or she is not paid for any full week in which at least one day’s work is performed.
Again, complex tests apply in determining coverage of the wage and hour laws, therefore an experienced attorney should be consulted. Please call Mark Potashnick at (314) 997-9150 ext. 2 if you believe that your employer may not be paying you according to law.
Mark Potashnick
Weinhaus & Potashnick
11500 Olive Blvd., Suite 133
St. Louis, Missouri 63141
Telephone: (314) 997-9150 ext. 2
Facsimile: (314) 997-9170
Email: markp@wp-attorneys.com
The information contained in this articleis not, nor is it intended to be, legal advice. You should consult an attorney personally for individual advice regarding your own specific situation. The choice of a lawyer is an important decision and you should not base that decision solely upon advertisements.