Unpaid Overtime Lawsuit
Unpaid Overtime Lawsuit | Unpaid Wages Lawsuit | Lawsuits, Lawyers, Attorney
Forcing employees to work “off-the-clock”, Averaging hours over two work weeks, Refusing to pay overtime, Failing to pay workers for breaks lasting between 5 and 20 minutes, Misclassifying employees as “exempt”, Paying “comp” time instead of overtime
The dedicated law firm of Alonso Krangle LLP is currently investigating potential unpaid overtime lawsuits on behalf of workers who have been denied overtime pay or other rightfully earned wages. Every year, employers violate the federal Fair Labor Standards Act (FLSA) by failing to pay overtime to employees who work in excess of 40 hours per week. According to the Department of Labor, in fiscal year 2008, more than 197,000 employees received a total of $140.2 million in minimum wage and overtime back wages as a result of FLSA violations. Some of the illegal overtime scams currently being investigated by the unpaid overtime lawyers at Alonso Krangle LLP include:
- Forcing employees to work “off-the-clock.”
- Averaging hours over two workweeks.
- Refusing to pay overtime because the employee did not obtain permission to work more hours.
- Failing to pay workers for breaks lasting between 5 and 20 minutes; meetings; training sessions; take-home work; and some on-call time.
- Misclassifying employees as “exempt.”
- Paying “comp” time instead of overtime.
The lawyers at Alonso Krangle LLP represent employees throughout the U.S. who have been denied overtime pay, or been the victims of other FLSA violations. Our unpaid overtime lawyers understand how hard you work, and are committed to making sure you receive all of the overtime pay the law requires. Filing an unpaid overtime lawsuit could enable you to obtain double your back wages, as well as other damages. The unpaid overtime lawyers at Alonso Krangle LLP are currently offering free lawsuit consultations to employees who believe their employer committed violations of the FLSA. To learn more about your rights as a worker, please contact the unpaid overtime lawyers at Alonso Krangle LLP today.
Overtime and the FLSA
Employees covered by the Fair Labor Standards Act (FLSA) must receive time-and-a-half pay for hours worked over 40 during one workweek. Your employer can only deny you overtime pay if you are a salaried employee making more than $455 per week AND your job meets one of the 5 exemption categories: executive exemption, administrative exemption, learned professional exemption, computer employee exemption and the outside sales exemption. It is estimated that under the FLSA, 85 percent of all workers are entitled to overtime pay.
Many FLSA overtime violations occur because employers wrongly classify workers as exempt employees. A two-pronged test, consisting of a salary basis test and a duties test, is used to determine if an employee meets the requirements for an exemption. Both requirements must be met before an employee is considered to be exempt from overtime pay:
- A salary test is usually met if the employee is paid a fixed amount of money weekly, bi-weekly and/or monthly, and there is no deduction from this fixed rate based on the quantity or quality of the work.
- A duties test is different for executive, administrative and professional employees. The duties test is met by the actual work being done as opposed to job titles or written job descriptions.
Under the FLSA, however, the following categories or classes of workers are automatically eligible for overtime pay, regardless of how much they earn:
- “Blue collar” workers or other manual laborers who perform work involving repetitive operations with their hands, physical skill and energy.
- Police officers, fire fighters, paramedics and other “first responders.”
- Licensed practical nurses.
Learn More About Filing An Unpaid Overtime Lawsuit
If you believe your employer is denying you overtime pay in violation of the FLSA, you may be eligible to file an unpaid overtime lawsuit. To learn more about the legal options available to you, please contact the unpaid overtime lawyers at Alonso Krangle LLP by filling out our online form or calling us.