The Fair Labor Standards Act (FLSA) and various states’ wage laws establish minimum wage, overtime pay and record keeping standards for employers and their employees.
Provost Umphrey helps workers who have been wrongfully denied overtime, underpaid or forced to work “off the clock” recover unpaid wages. If you or a loved one were denied overtime pay or were not properly paid, contact Provost Umphrey Law Firm for a free consultation at 1-888-588-1695.
Common Violations of Wage & Hour Laws
Misclassification of Workers
Some employees are considered “exempt” from overtime pay requirements. However, employers often wrongly misclassify employees as “exempt” based on a mistaken belief that all salaried employees are “exempt” or employees with the title of “manager” or “supervisor” are exempt from overtime pay requirements regardless of their job duties. Employers also often mistakenly misclassify employees who they control as “independent contractors” to try to avoid paying overtime pay.
Unpaid “Off the Clock” Work
Employers violate the law when they don’t pay employees for all time spent working for the employers’ benefit regardless of whether the work is done before, during or after shift.
Sharing Tip Pools with Non-Tipped Employees
Tip pools are where bartenders, busboys and waiters/waitresses put their tips in a pool that is later divided among those tipped workers. Employers violate the law when they allow non-tipped employees to share a portion of the tips causing the tipped workers’ pay to fall below the minimum wage.
Payment of “Comp Time” Instead of Overtime
Private employers violate the law when they give their employees “comp time” instead of overtime pay. Only state and local government employees can legally be given “comp time” in place of overtime pay.
If you or a loved one were denied overtime pay or were not properly paid, contact Provost Umphrey Law Firm for a free consultation at 1-888-588-1695.