Labor Laws in Tennessee
The federal Fair Labor Standards Act (FLSA) provides that all overtime-eligible employees who work more than 40 hours per week are legally entitled to 1.5 times their regular rate of pay as overtime. However, employers sometimes attempt to avoid paying overtime by instead paying a day or piece rate, claiming an exemption from overtime, misclassifying their workers as independent contractors, or requiring employees to work off-the-clock. These classifications are often not FLSA-compliant and those subject to these payroll policies have a right to seek compensation for their unpaid overtime. Also, in some circumstances, your incentive pay, Covid premium pay, commissions and bonuses must be included in your overtime rate.
Although you may be classified as an independent contractor, paid a day rate or piece rate, or were told you are exempt from overtime, you still might be eligible for overtime pay. Call or contact us today to discuss whether you qualify and if you have an unpaid overtime claim.
How Our Unpaid Wages Lawyers Can Help
At Bohrer Brady, LLC, we represent workers in unpaid overtime disputes. Our attorneys have years of experience and handle cases throughout the US, including Memphis and throughout Tennessee in unpaid overtime wage and hour disputes. We possess the knowledge, resources, and experience necessary to get you the unpaid overtime wages you deserve. Wage and hour overtime claims have strict legal deadlines, so it’s important that you speak to one of our lawyers as soon as possible to protect your rights.
The employment attorneys at Bohrer Brady, LLC can assist you in unpaid overtime, and any other wage and hour dispute you may be facing. We’re here to help you recover damages from your employer’s failure to pay overtime. If you weren’t paid overtime, you may be entitled to receive:
- Liquidated or double damages
- Back pay for what is owed but has not been paid
- Legal costs and attorney fees
Additionally, we can assist you in filing a lawsuit on behalf of your coworkers through collective action if they’re experiencing the same situation. It’s important to note that, generally speaking, an FLSA lawsuit must be filed within two years of when your unpaid wage claim occurred, or three years if the employer’s actions were willful.
Exempt and Non-Exempt Employment Status in Tennessee
An employee’s exempt or non-exempt status for overtime pay is primarily based on job responsibilities, as well as how they’re paid. Certain factors include whether the worker is paid on an hourly or salary basis, and whether they perform administrative or supervisory duties.
Examples of common exempt positions include:
- Outside salespeople
- Computer-related workers
If your work falls under an exempt category, you may still have a claim. The determination of exemption should not be purely based on a job title. Our overtime attorneys can review your case and help you understand whether you’re an exempt or non-exempt employee who is entitled to overtime pay.
Contact Our Unpaid Wages Attorneys in Tennessee
If you’re an employee in Tennessee and believe that your employer has wrongfully withheld overtime pay or other compensation, contact the wage and hour lawyers at Bohrer Brady, LLC for a free, confidential consultation to discuss your claim. Our overtime attorneys are dedicated to ensuring that employees receive the pay they deserve.