Have you worked over 40 hours and not been paid time-and-a-half?
Were you denied overtime pay?
Were you not paid for the hours you worked?
Are you forced to do prep work off the clock without pay?
Were you paid a “per diem” that doesn’t account for time worked?
Were you improperly classified as an independent, seasonal, or temporary contractor?
If the answer is “Yes” to any of these questions, you may have a claim under the Fair Labor Standards Act (FLSA).
FLSA overtime claims may involve:
- Employers mistakenly treating employees as “exempt” from the FLSA overtime requirements; and,
- Employers failing to identify, record, or compensate “off-the-clock” hours spent by employees performing compensable, job-related activities; and
- Employers failing to include “wage augments” such as longevity pay when calculating an employee’s overtime rate.
FLSA recoveries can include compensation in the following types of situations (plus liquidated damages and attorneys’ fees):
- Employees may perform a variety of potentially compensable job-related activities during their “off-the-clock” time, such as: taking work home, making/receiving job-related telephone calls at home, working through lunch, working before or after regular shifts, taking care of work-related equipment, job-related “volunteer” work.
- Employees mistakenly classified as exempt (who are really nonexempt) often work regular “on-the-clock” hours in excess of the FLSA overtime thresholds, as well as compensable “off-the-clock” hours.
Sometimes employers calculate the overtime rates improperly, by not including in the employee’s regular rate compensation augments such as “longevity pay,” “shift differentials,” non-discretionary bonuses (e.g., educational stipends). The issue here is “time and one-half of what?”
Sometimes employers pay wages “late.” The rule is that FLSA wages must be paid “when due,” which normally means at the next regularly scheduled pay day. “Late pay” is generally the same as “no pay” under the FLSA. This can be important because an employer that fails to pay wages when due may be liable for liquidated damages (double damages).
Sometimes employers seek to avoid overtime by granting employees “compensatory time” in lieu of cash for overtime hours worked, or “averaging hours” from work period to work period, or similar gimmicks. Many such attempts are not permitted under the FLSA.
All time spent by an employee performing activities which are job-related is potentially “work time.” This includes the employee’s regular “on the clock” work time, plus “off the clock” time spent performing job-related activities (which benefit the employer). Potential work is actual work if the employer “suffered or permitted” the employee to do it. An employer suffers or permits work if it knows the employee is doing the work (or could have found out by looking), and lets the employee do it.
With only a few exceptions, all time an employee is required to be at the premises of the employer is work time. All regular shift time is work time. This includes “breaks” (if there are breaks), and “nonproductive” time (for example, time spent by a receptionist reading a novel while waiting for the phone to ring). In addition, all time spent by an employee performing work-related activities that the employer suffers or permits is work time, whether on premises or not and whether “required” or not. Work done “at home” or at a place other than the normal work site is work, and the time must be counted.
“Off the clock” work
Many FLSA lawsuits have involved employers failing to include time spent by employees performing work activities outside of their normal shifts. Some employees, for example, may “come early” and start working before the official start time of their shifts. Such time may count as work time and may need to be included in FLSA pay computations. Time spent setting up equipment before the official start time of a shift is work time. Some employees may similarly “stay late” after shifts performing work; this time must be counted as work time, as well.
Most training time is work time. All training time is work time if it occurs during an employee’s regular shift, or if it is required by the employer.
Meal periods need not be counted as work time if they are at least 30 minutes long and the employee is relieved from active duties during the meal period. An employee who “works through lunch” is working and that time must be counted. An employee who “eats a sandwich at the desk,” or is required to monitor a machine, is working through lunch.
Hospitality Industry, Casino Workers, Bar & Restaurant, Oil Field Workers, Retail and Healthcare Workers – all of these workers and more have rights under the FLSA.
Are you a Healthcare Worker not being paid overtime wages?
National data shows that a significant number of Healthcare Workers are forced into working some form of mandatory or unplanned overtime each month. These professionals include nurses, mid-levels and other healthcare workers who are shorted the wages they are lawfully entitled to receive. These healthcare workers log long hours through meals and breaks and often times, even off the clock. In addition, many of them are “on call” through the evening and on into weekends, leaving them little or no time to enjoy their lives outside of work. These scenarios can be violations of the labor laws and give rise to claims for unpaid wages.
Even if you are salaried, you still may have a claim for unpaid overtime.
Even if you are a “learned Professional” you still may have a claim for unpaid overtime.
Health Care Workers Impacted:
Certified Nursing Assistants
Are you a Casino or Service Industry Worker not being paid overtime wages?
Casinos hire and employ thousands of workers who staff their hotels, restaurants, bars, and casinos. Many of these workers are often required to arrive early to their shifts and start work duties even before they punch the time clock. Then, the workers are often required to stay after they punch out to finish up required work duties. These service industry workers often work long and tiring hours.
Overtime wages are required under the law in some circumstances and “rounding up or down” on workers’ hours is not an exception. Violations of the Fair Labor Standards Act (FLSA) give workers the right to file a claim for unpaid overtime hours.
Casino workers are sometimes required to change in and out of their uniforms before and after their shifts end. Even though this may only amount to an extra 30 minutes a shift, the law still requires overtime be paid. Other casino workers, like dealers and pit bosses, are also required to attend mandatory meetings or training sessions before or after their shifts or stay after their shift to count money. Again, overtime pay is required for this extra time before and after the shift.
Under the FLSA, most casino workers are entitled to earn compensation for every hour worked beyond 40 hours per week, or a total of 80 hours every two weeks.
The law protects all types of casino workers, including:
All other casino workers