Overtime Update Info.

**UULC** · May 19th, 2011, 10:41 PM

Overtime Update

Morgan & Morgan's Top Overtime Law Violations

Off-the-Clock Work, Denying Pay for Unapproved Overtime Among Common Overtime Violations

USOvertimeLawyers.com - While some overtime violations are unintentional, some employers may use deceptive tactics to avoid paying overtime to eligible employees. The following are among the most common violations of overtime law:

Working Off-The-Clock: Off-the-clock work refers to any time an employee spends working before their shift begins or after their shift has ended. For instance, if an employee stays late to finish a job task their employer says "should have been finished," they are said to be working off the clock. Likewise, an employee is also working off the clock if they arrive early to review paperwork, clean equipment or perform other job-related duties. According to federal overtime law, all time spent working must be compensated, regardless of whether it is performed on or off the clock.

Averaging Workweeks: Employers are prohibited from averaging workweeks to avoid paying overtime to eligible employees. If an employee works 30 hours during one week, and 50 hours the next week, the employer cannot average this time together to equal 80 hours or an average of 40 hours per week. In this example, the employee must receive time-and-a-half pay for the 10 overtime hours worked in the second week.

Employee Misclassification: A common overtime violation, employee misclassification occurs when an employer intentionally misclassifies an employee who is entitled to overtime pay as an "exempt" employee, or one who is not eligible to receive overtime pay. To be truly exempt, however, an employee must meet a strict set of criteria regarding compensation and job duties, and cannot legally be denied overtime pay simply because their employer says that they are exempt. Likewise, an employer cannot deny overtime pay to an employee on the sole basis of their job title; for instance, a "manager" or "assistant manager" cannot be deprived of overtime wages simply due to their title. They must actually perform managerial job duties, such as supervising other employees, and meet other strict requirements before being denied time-and-a-half pay. Overtime pay eligibility is based on compensation and job duties, and is never determined by job titles.

Jobs To Watch

Certain Workers are More Susceptible to Overtime Violations than Others

• Garbage men
• Licensed practical nurses (LPNs) and nursing assistants
• Technical writers
• Loan and escrow officers
• Call center and customer service representatives
• Cable technicians and satellite installers
• IT and technical support workers
• Other employees susceptible to overtime law violations include janitors; "independent contractors"; lab technicians; financial advisers; and delivery drivers.

Are You Being Paid for All Hours Worked?
Improper Calculation of Weekly Hours May Result in a Loss of Overtime Pay

Federal overtime law requires that all time spent working must be compensated. If an employer fails to properly count an employee's total weekly hours, that employee may also be suffering a loss in overtime wages. Common job tasks which are wrongfully overlooked when calculating a worker's weekly pay can include:
• Take home work
• Travel time between job sites
• Breaks lasting less than 20 minutes
• Interrupted meal breaks
• Pre-shift roll calls
• Dropping off mail
• Post-shift security checks
• Employer-required training
While these job tasks may seem minor, they can add up over time. For instance, let's assume that an employee regularly works through his hour-long lunch break, which is automatically deducted, in addition to the 40 hours already worked on a weekly basis. Because the employee does not take a lunch, he is actually working 45 hours every week, but is only compensated for 40 hours. If the employee is eligible to collect overtime wages, he should be paid for 40 hours at his regular rate and 5 hours at the time-and-a-half rate. While one hour a day may not seem like much, if the employee in this example is paid $12 an hour, and worked through his lunch break every day for a year, he would be suffering an annual loss of nearly $4700 in overtime wages.

Don't Wait To Learn Your Legal Rights

Overtime Law Only Allows Employees a Small Time Frame to Recover Back Wages

If you are an employee who has been denied overtime pay, it's important that you seek legal assistance quickly. Overtime law only allows employees a certain period of time to bring a claim, and failure to file within this time frame will prohibit the employee from ever recovering compensation for their overtime hours. Contact our experienced overtime attorneys for a free case review (http://www.forthepeople.com/contact_us.htm) today to find out if you can file a claim to recover your unpaid overtime wages. We are offering this initial legal consultation at no cost and with no obligation, and remain committed to protecting the rights of workers who have been wrongfully denied overtime pay.

If you think you are due overtime wages, Contact our experienced overtime attorneys for a free case review today. We are offering this initial legal consultation at no cost and remain dedicated to holding medical device companies accountable for the complications of their products.