Class action lawsuits alleging wage and hour violations have risen dramatically in recent years, with the most common complaints being unpaid overtime and/or unpaid wages. As employers look to squeeze more out of employees while cutting costs, many workers are forced to work off-the-clock without overtime pay or are misclassified as exempt from overtime pay.
Unpaid Overtime Law
Unpaid overtime law is governed by the federal Fair Labor and Standards Act (FLSA), which requires that in addition to paying at least the minimum wage, employers must also pay overtime to employees who work more than 40 hours in a given workweek unless they meet certain exemptions. In addition, many states have their own wage and hour laws that may impose additional requirements for overtime pay. Employers must abide by both federal and state wage and hour laws when calculating overtime pay and minimum wage.
Hundreds of millions of dollars in unpaid overtime and unpaid wages are awarded to workers each year as they become wise to their rights under state and federal labor laws, including the federal Fair Labor Standards Act (FLSA).
Wage and Hour Violations: Employee Misclassification
Most workers have jobs governed by the FLSA overtime rules and are classified as either exempt or non-exempt depending on their salary and the type of work they do. Despite these rules, unpaid overtime law is often violated due employee misclassification and by their employees and not being aware of the misclassification.
Further information on the criteria of the exempt employee test can be found on this fact sheet from the U.S. Department of Labor. An employment lawyer can also help you determine if you qualify to take part in an unpaid overtime lawsuit to receive compensation for unpaid wages.
Wage and Hour Violations: Off the Clock Overtime
Tens of thousands of Americans work off the clock, which means they’re performing work when the employer is not recording or crediting such time. This leads to employees not getting paid for all their hours worked, including overtime.
Common examples of off the clock work violations include, unpaid pre-shift and post-shift work such as:
Employees with questions about performing excessive sidework can get a free consultation wit Unpaid Overtime Lawyer Timothy L. Miles today.
How Can an Unpaid Overtime Lawyer Help You?
Millions of dollars in unpaid wages have been awarded to employees through class action settlements with employers.
If you were forced to work off the clock or without overtime pay compensation within the past 3 years, you have rights under the FLSA. Give us a call today at 855/846-6529 or fill out the form below and see what Unpaid Overtime Lawyer Timothy L. Miles can do for you.
Timothy L. Miles, Esq.
Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles was recentely selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association, a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019). Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, and more.
Timothy L. Miles
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