Employers sometimes pay a fixed rate for all hours worked, regardless of whether those hours are overtime. Such a method of payment may not comply with overtime laws. If you are an hourly employee getting paid at the same rate for all hours worked, including hours worked over 40 in a week, you may be entitled to additional compensation.
Some employers may not pay for all hours actually worked. Time spent working off-site or from home, traveling for work, and responding to work-related calls or emails outside of regular working hours should all be considered in calculating the hours for which you are paid.
An employer may intentionally misclassify employees as exempt from overtime pay when those employees should actually be classified as non-exempt employees entitled to overtime pay. Exempt employees are typically salaried, while non-exempt employees are usually paid hourly and paid an overtime premium for hours worked beyond the standard workweek. Some salaried employees, however, are not properly exempt and should also receive overtime pay for hours worked over 40 in a week. An employer cannot opt to pay you on salary and consider you exempt from overtime pay unless you meet certain requirements which would deem your job exempt. What you actually do determines whether or not you are entitled to overtime pay, regardless of your job title or whether or not you are paid on salary.
Misclassifying employees as independent contractors may be an attempt by an employer to avoid overtime pay and other costs associated with having an employee. A surprisingly large percentage of individuals classified as independent contractors are actually found to be employees. If you are being classified as an independent contractor and think you should be entitled to the benefits of an employee, call Braun Legal for consultation.
Some employers may ask or pressure employees to work off-the-clock, meaning they perform work-related tasks before or after their scheduled shifts or during breaks without compensation. Braun Legal can help you get all the pay you should receive.