EMPLOYER AVOIDANCE OF OVERTIME
INDEPENDENT CONTRACTOR
A common way of an employer stealing wages from an employee is by falsely classifying a worker as an “independent contractor” instead of an “employee.” A good way to find out if an employer classifies you as an independent contractor is to see if it automatically withholds some of your income for income taxes. If your employer does not automatically deduct some of your paycheck for income taxes, they may be classifying you as an independent contractor.
An employer does not have to pay an independent contractor minimum wage, overtime, or any insurance benefits. However, just because your employer classifies you as an independent contractor, does not mean you are necessarily an independent contractor under the law.
MOVING HOURS
Another common employer tactic to avoid paying overtime is to “move hours'“ so that, for payroll purposes, an employee never works above 40 hours, regardless of hours actually worked. For example, suppose in one week an employee works 46 hours, and in the next week the employee works 34 hours. An employer may offer to pay the employee only 40 hours in week one and then 40 hours in week two, offering the employee six hours of “paid off time.” This arragement may be a violations of the FLSA and you should contact Stokar Law to discuss in further detail.
MEAL BREAKS
Meal breaks can be an occasion where employers fail to pay employees for all hours worked. An employer does not have to pay you for your meal break, but you must be totally disengaged from working. Thus, if you eat at your desk on an unpaid meal break, you are not responsible for answering the phone, checking emails, or conducting employer business. However, if your employer mandates that you continue to work on your unpaid meal break, an FLSA violation may have occurred.