WAGES AND PAYROLL RIGHTS
SALARIED WORKERS and MANAGEMENT
Are you owed overtime pay?
For most employees, a federal statute (the Fair Labor Standards Act or “FLSA”) mandates overtime pay (i.e., time and one-half the employee’s regular hourly rate) for all hours worked in excess of 40 hours per work week. However, the law provides a variety of exemptions for employers from the overtime pay requirements regarding salaried employees who fulfill the specific requirements established by federal law, such as “professionals,” “executives,” and “outside salespeople,” to name a few.
If you are a salaried employee, your employer may still have to pay you for overtime if they don't follow federal law.
If you have experienced any of the mentioned situations or feel that you have been treated and compensated unjustly, contact Stokar Law. They can help you discuss and assess whether it is worthwhile to proceed further.
HOURLY WORKERS
With limited exceptions, hourly workers must be paid at least 1.5x their regular hourly rate for all hours worked in excess of forty (40) hours per workweek. Generally, “straight time overtime” is not allowed.
Similarly, “borrowing” or “flexing” hours between workweeks in the same pay period may be unlawful. Finally, an employer who forces you to work before you punch in, after you punch out, or during your unpaid lunch break without paying you may be violating wage and hour law.
Call Stokar Law today for a FREE consultation to discuss and assess whether it is worthwhile to proceed further.
SHORTING WAGES THROUGH ALTERNATE PAY METHODS
While some employers still use direct deposit or paper checks, many employers have switched to paying employees on prepaid debit and credit cards. You should also be able to access the cash on the prepaid card. Because those pay methods lack the “paper trail” associated with traditional paychecks, employers have been known to reduce the employee’s pay without their knowledge.
If you get paid on a prepaid debit or credit card, you should be certain to ask for a pay stub with an explanation of all hours worked, taxes withheld, and pay received, and then check that amount against the balance on your prepaid card.
If you have noticed discrepancies in your prepaid card payment and your pay stub, contact Stokar Law today to discuss your situation with a FREE consultation.
WORKING OUT OF THE OFFICE or OFF HOURS
Regardless of your status as salary or hourly, many activities outside the workplace can be considered work, entitling an employee to overtime, for the purposes of wage and hour law. For example, suppose your employer issues you a smartphone connected to your work email. If you are expected to check and respond to emails outside of normal working hours, from your portable device, you may be “engaged in work” and should be paid overtime for those activities.
Similarly, many employees are considered “on call” for certain jobs. Even if you do not actually answer a call, you may be “working” depending on the expectations for being on call, the restrictions in activities and the travel your employer mandates while “on call,” and your accessibility while “on call.” Since these scenarios are very fact-specific, we urge you to contact Stokar Law to discuss your rights and options.
FAILURE TO PAY MINIMUM WAGE to TIPPED EMPLOYEES
Many employers, especially in the hospitality industry, are able to pay less than the minimum wage to employees who regularly receive tips. Thus, bartenders, food servers, and hotel luggage handlers receive less than the minimum wage from their employer, but make up the difference in tips. This practice is legal; however, an employee should closely monitor their duties outside those that regularly generate tips. If, for example, an employer pays a bartender tip wage to help repaint the stockroom, that may be a minimum wage violation. Generally, if you are not performing work that generates tips, you must be paid the minimum wage. Also, if your employee wage and tips do not add up to minimum wage, you should consult with an attorney.
If you feel you have experienced this situation, or something similar, contact Stokar Law to discuss your rights and options.