Please Note: As of October 2018, Andrew Kimble has formed Biller & Kimble, LLC with his partner Andy Biller to continue his employment law practice. For more information, please visit BillerKimble.com.
Under state and federal law, all “non-exempt” employees are entitled to premium overtime pay of time-and-one-half their regular hourly pay rate for each hour worked in excess of 40 per workweek. Employment lawyer Andrew Kimble helps employees recover unpaid overtime payments as well as additional “liquidated” damages and other damages allowed by state and federal law. There are a variety of different ways your employer may unlawfully deny overtime payments that employees should know about.
Overtime Issues for Employees Paid a Salary
Employers sometimes avoid paying overtime premiums by misclassifying employees as “exempt” from overtime and paying them a salary. As a result, the employee receives the same amount in wages each week, no matter how many hours he or she works. This practice allows employers to save on labor costs by overworking their supposedly exempt employees at no additional cost to them.
However, the law determines whether an employee is entitled to time-and-a-half overtime payments by evaluating his or her actual job duties and responsibilities, not by relying on the classifications given to employees by their employers. Therefore, our office will evaluate your day-to-day activities to determine if we think you are properly classified as exempt from overtime.
Retail assistant managers, restaurant assistant managers, cooks, and other non-entry level employees are often the types of employees misclassified as exempt from overtime pay. If your employer claims you are not entitled to overtime payments because you are on a salary, contact Andrew Kimble for free, confidential consultation.
Overtime Issues for Hourly Employees
With very few exceptions, if you are paid an hourly wage, you must be paid time-and-a-half for all hours worked over 40 per workweek. For example, if you earn $10.00 per hour, you are entitled to $15.00 per hour for each hour worked over 40 each week.
However, some employers avoid overtime by paying hourly employees “straight time” – i.e., the employee’s normal rate – for all hours worked, including those in excess of 40 each week. Other employers avoid overtime costs by “shaving” time off of an employee’s time records, or require employees to complete work duties “off the clock,” thereby dipping their hours worked below 40 for the week. Still other employers unlawfully compensate employees for working overtime in one week by providing them “comp time” to be used in other weeks. In most circumstances, all of these practices are illegal.
Overtime Issues for “Independent Contractors”
Many employers misclassify workers as “independent contractors” in order to save money on wages. However, like salaried employees, whether a worker is an “employee” or an “independent contractor” is determined by analyzing the circumstances of the work relationship, not the designation made by the employer. The determination is fact-specific, with the overriding concern being who “controls” the work being done by the supposed independent contractor. If you are being denied overtime because you have been designated an “independent contractor,” contact Andrew Kimble for a free, confidential consultation.
Overtime Issues for Commissioned and Piece Rate Employees
Many commissioned and piece rate employees are entitled to overtime as well, depending on the specific circumstances of their employment. If you are a commissioned or piece rate employee and are not receiving overtime, contact Kimble Law for a free, confidential consultation.
If you think you are being or have been unlawfully denied overtime payments, contact Andrew Kimble today to preserve your rights.