Countless employees throughout Texas and nationwide are working overtime and not being paid fairly. Are you one of them?
Here are six signs that you may not be getting all the money you earned.
If any of these are familiar to you, contact an employment law attorney immediately to learn more about pursuing an unpaid overtime claim.
- You Are Earning A Salary But Not Doing Any Managerial WorkOne of the most common methods that employers use to avoid paying overtime is classifying workers as exempt when the workers should in fact be eligible for overtime.This is not based on your job title. You may be called a manager or supervisor, but are you actually doing any managerial or supervisory work? If not, you may have been misclassified and you may be owed unpaid overtime.
- You Are Doing Prep Work Before You Clock InHave you been asked to come in early to set up your work station or get your equipment ready? In most cases, this is work that you should be getting paid for.
- You Are Doing Clean-Up Work After You Clock OutWork is work. If you are being asked to clean up your work station or engage in any other work-related duties after you have clocked out for the day, you may be doing work for free that you should be getting paid for.
- You Are Working Through Lunch BreaksThe law entitles you to a lunch break every day. If your employer asks you to work through your lunch break, you need to be paid for that work. You should not be asked to clock out for lunch and still engage in work duties.
- You Are Being Paid A Flat Fee Or Day Rate But Working More Than Eight HoursWithin some industries, employers are allowed to pay by the day, rather than by the hour. However, that does not necessarily mean that workers can be forced to work more than 40 hours a week without being compensated for overtime.
- You Are Classified As An Independent Contractor But You Really Work For The CompanyThere are some situations in which employers simply use independent contractor status to avoid paying overtime and providing benefits.Are you a critical part of the company’s business, perhaps supervising other employees? Are you required to follow a schedule set by the company and not allowed to work for anyone else?These are the types of questions that will need to be considered when determining if you have been misclassified and you are owed unpaid overtime.
The Law Office of Glenn D. Levy offers free consultations about unpaid overtime claims.