Wage & Hour Claims
Wage & Hour Claims
Fighting For Clients From All 50 States
Have you been paid for the overtime you have worked or all the wages you have earned? Many employers require employees to work off the clock or misclassify workers as salaried to avoid paying overtime. Some employers refuse to pay for training when they are legally required to do so.
If you have questions about your rights to overtime pay or unpaid wages, the lawyers at Bohrer Brady LLC are here for you. Our nationwide employment law practice is devoted to protecting the rights of those who have worked and not been paid what they are owed.
FLSA Wage And Hour Claims
You have rights under the Fair Labor Standards Act (FLSA), a federal law that protects workers. The FLSA requires that certain workers receive time and a half for hours worked over 40 per week, even if the employer claims the work is unauthorized, and it also requires that workers be paid for all time spent on the job, including participation in safety meetings, putting on or taking off uniforms, putting away tools, and other work-related activities.
Companies often pay their employees salaries, day rate or per diem to avoid overtime pay. Some companies treat employees as Independent Contractors, even though they are legally employees. Being paid a salary does not automatically mean you are not entitled to overtime. Some salaried workers are "misclassified" and should be paid by the hour. If you participate in work-related activities and are not paid, or you were salaried, but work overtime, you may have legal rights to recover unpaid overtime.
Our employment law attorneys handle a broad range of wage and hour disputes for clients nationwide. We can address many employment law and wage and hour dispute issues for you, including those involving:
- Unpaid overtime and wages
- Off the clock claims
- Pay for training
Workers Mislabeled as Independent Contractors are Entitled to Overtime Pay
You may be entitled to overtime pay under the Fair Labor Standards Act (FLSA) even if you are labeled as an “independent contractor.” The question is whether you are truly “independent,” or whether you are an actual employee of the company. Employees are entitled to overtime, “independent contractors” are not.
An “independent contractor” is a person engaged in his own business. An employee is one who “follows the usual path of an employee” and is dependent on the business that he serves. There is no simple answer to whether a person is an employee or an independent contractor. Each situation requires a factual analysis. The Economic Reality Test gives some guidance on whether a person is an employee or an independent contractor:
- If and how much of the individual’s work is a major part of the employer’s business (Does the worker play an integral role in the business? Does he perform the primary type of work that the employer performs?);
- The permanency and length of the relationship between the employer and worker (How long has the worker worked for the same company?);
- The amount of the individual's investment in facilities and equipment of the business (Is the worker reimbursed for expenses, tools, supplies, etc? Does the worker use his or her own tools or equipment?);
- The degree the worker is controlled by the business (Who decides the schedule? Who is responsible for quality control? Does the individual work for any other company? Does the worker have a separate business site?);
- The worker's opportunities for profit and loss (Does worker purchase own insurance or bonding? Can the worker earn a performance bonus?); and
- The degree of skill needed to perform the job (Does the position require little or no training, or is the position highly skilled?).
If it is found that a business exercises sufficient control over the worker and thus an employer-employee relationship exists, the worker is entitled to the protections under the FLSA, including overtime pay for every hour worked over 40 in a work week.
The U S Department of Labor on July 15, 2015 issued an Administrative Interpretation outlining the several factors to consider in determining if a worker is an employee or an independent contractor. The DOL concluded that most workers are employees and not independent contractors.
Are day rate employees entitled to overtime pay?
Yes, in most cases. The Fair Labor Standards Act (FLSA) permits an employer to pay non-exempt employees on a day rate basis, but the day rate cannot include or build in overtime pay. 29 C.F.R. § 778.112; 29 C.F.R. § 778.310; 29 C.F.R. § 778.500. Thus, an employee must be paid overtime for every hour worked over 40 hours in a work week. The following is an example of how day-rate overtime is calculated:
John is a non-managerial employee working in the oilfield. He is paid a day rate of $200 and works 50 hours/week, seven days a week. John would be entitled to $140/week in overtime pay.
$200 (day rate) x 7 (days worked) = $1,400
$1,400 (weekly pay) ÷ 50 (hours worked) = $28/hr regular pay
$28 (regular pay) x 1.5 (overtime rate) = $42/hr overtime rate
$42 (overtime rate) - $28 (already paid) = $14/hr unpaid overtime
$14 (unpaid overtime) x 10 (overtime hours) = $140 overtime owed
$140 (overtime owed per week) x 156 weeks (3 years) = $21,840
If an employer does not correctly pay an employee overtime, the employer can be held liable for liquidated damages (double the amount owed), attorney's fees and costs. 29 U.S.C. § 216. An employee can recover up to three years of pay if the violation was willful. 29 U.S.C. § 255.
If you were paid a day rate but not overtime, contact Bohrer Brady LLC, for a free initial confidential consultation at 1-800-876-3911 or by Emailing us. You may be entitled to damages. Contact Our Overtime And Contract Dispute Attorneys
Misclassification - Employers can save significant amounts of money by classifying employees as "exempt" and thereby not having to pay them overtime. Unfortunately, many employers misclassify employees for that reason — taking advantage of their employees' hard work without having to pay overtime wages.
Off the Clock Claims - Requiring employees to work off the clock is a win-win for businesses — employees further the company's interests without costing it a dime. Requiring off-the-clock labor without pay, however, is illegal under the Fair Labor Standards Act (FLSA).
Pay for Training - Employers often require orientation, training for specific tasks, training related to work procedures for issues like sexual harassment, and then they attempt to not pay the employees for the time spent in training. If this has happened to you, it is important to consult with an experienced employment law attorney.
Retaliation - Have you been fired, demoted, harassed or otherwise unjustly treated at work for reporting unlawful activity? The law is on your side. Employers cannot retaliate when employees blow the whistle on unlawful activity. If you suspect you have been retaliated against at work, it is important to consult with an experienced employment law attorney.
Unpaid Overtime (FLSA) Claims - Have you been paid for the overtime you have worked or all the wages you have earned? Many employers require employees to work off the clock or misclassify workers as salaried to avoid paying overtime. If you have questions about your rights to overtime pay or unpaid wages, talk to the lawyers at Bohrer Brady LLC.
Whistleblowers - At Bohrer Brady LLC, we are determined advocates for whistleblowers — people who have reported their employers for partaking in unfair and illegal activities. Our clients are courageous people who have witnessed fraud, discrimination, harassment, failure to pay wages, and other unfair and unlawful employment practices and took a stand by reporting those activities to the authorities. Many of our clients have suffered retaliation in the workplace for telling the truth about their employers.
Oil Field Worker Claims - Have you been paid overtime? Many companies in the oilfield industry often improperly pay their employees salaries, day rate or per diem to avoid overtime pay. Some companies treat employees as Independent Contractors, even though they are legally employees.
Home Health Worker Claims - If you are a home health worker and are not directly paid by patients or their families, you are entitled to receive unpaid overtime as far back as January 1, 2015, when a new regulation became effective.
Extradition Agent Worker Claims - If you have worked as an extradition agent or prisoner transportation guard or officer and were paid a day-rate orsalary but no overtime for hours worked over forty in a workweek, you may be entitled to overtime wages.
Do you have a wage & hour claim? Contact us online or call toll-free at 1-800-876-3911 to arrange a free consultation with our experienced wage and hour lawyers. There is no fee unless we collect for you.Send Us An Email