Is Your Employer Cheating on Overtime Pay?
Washington DC Employment Attorney Assisting with Unpaid Overtime Claims
Employers can save a lot of money by misclassifying nonexempt employees who are entitled to time-and-a-half for overtime as exempt employees who do not have to be paid anything more for overtime, working them long hours and telling them they are not entitled to overtime. Our experienced employment law firm in Washington DC can help workers take action against employers cheating workers out of their deserved overtime pay.
How Do Employers Get Out of Paying Overtime? Washington DC Unpaid Overtime Lawyer Explains
The three most common ways employers cheat on providing overtime pay today are:
- Cheating on hours by having employees work off-the-clock, through breaks or lunch for no additional pay.
- Shifting overtime hours in a two-week pay period to the week in which the employee worked less than 40 hours. This kind of case can often be resolved quickly.
- Misclassifying employees. Some jobs are exempt from the requirement of paying time-and-a-half for overtime. The tests are technical, and you should discuss your own situation with the Department of Labor or with an employment attorney who knows this area of the law.
The Supreme Court has not issued many rulings on these overtime pay questions, so the courts in different parts of the country have done the best they could but have wound up applying different employment law standards for unpaid wages claims. This is why gaining legal advice for you situation is important, and our DC employment law firm can provide this advice.
Do Salaried Employees Get Overtime Pay? What Salary Employees in DC Should Know
Many employees are paid with a salary of a definite amount of money per week, or per pay period, instead of an hourly wage. Many salaried employees are entitled to overtime.
Many salaried jobs are exempt from overtime pay requirements only if the employer passes what is called the “salary basis” test, but the employer has to pay overtime if the job fails the “salary basis” test and is therefore “nonexempt.” There are several parts to this test. Just getting a salary is not enough.
One extremely useful rule is that if an employer docks the pay of an employee for an absence of part of a day, or requires an employee to use vacation time for an absence of part of a day, it must pay overtime.
Employers can save a lot of money by misclassifying nonexempt employees who are entitled to time-and-a-half for overtime as exempt employees who do not have to be paid anything more for overtime, working them long hours and telling them they are not entitled to overtime.
Employer Owe Unpaid Overtime? Talk to Our Washington DC Employment Attorney
Employers will continue to get away with not paying overtime until employees decides not to put up with it anymore and take action. Our employment law firm is ready to help take that action.