Your rights are our concern.
It’s good to live in the 21st century in America. Our freedoms and rights are historically unparalleled.
All employees’ fair wages are protected under the Fair Labor Standards Act. But what does that mean? That means that if you find yourself in any of the following situations, you most likely have the right to legal recourse:
- If you were denied Overtime pay for any reason, that’s illegal. Some small companies think that it’s not necessary to offer overtime pay, especially if it’s a family-run business. Everyone does their part, even if that means working overtime all the time. Legally, they should all be paid at least 1 ½ times their normal wage.
- Uncounted work hours are a big problem as well, and not just in terms of Overtime. If you or your loved one is coming home from work and then being obligated to spend hours on the telephone with work, or writing up contracts etc., on their computer, they are putting in uncounted work hours. Often, those uncounted work hours are also countable as overtime. Employers often bully employees, threatening them with losing their job if they don’t finish a task tonight. With this imaginary leverage, they squeeze work out of their employees: work they should be paying fair wages for.
- We often hear about friends who work as waitresses and waiters complaining that between their tips and wages they aren’t even making minimum wage. It’s still not common knowledge that, in cases like that, the employer is responsible to compensate so that everyone is making at least minimum age.
- Often, to get around paying expensive overtime, employers do Bi-weekly overtime or compensatory hours. Bi-weekly overtime is where they count your overtime only if it exceeds 80 hours in a period of two weeks. It’s obviously easy for an employer to realize that an employee has done overtime one week, and then make sure that employee works a few hours less the next week. Voila! No overtime! Compensatory hours are a way of paying overtime that, in some circumstances, can be legal if done right. It’s not usually done right. Comp time is when you’ve worked overtime, so you get hours off when you wish.
- Companies can treat employees as ‘Independent Contractors,’ thus escaping the need to pay overtime if they work more than 40 hours a week. While there are no hard and fast rules that govern this, each case can be examined to see if there is a potential claim.
We don’t blame employers for wanting to cut corners here and there. It’s an absolutely human desire to want to make the most money in the easiest way possible. However, as an employee, you can rest assured that your rights are looked after. Your rights are the cornerstone of our society here in America. And remember that if you’re getting cheated out of fair wages, so are your colleagues.
Call TMH Law today, where dispensing justice, righting social wrongs, and fair wages for all is our passion.