Employers will sometimes give employees the wrong job title in order to pay them less. Certain job titles require certain pay, and when an employee is misclassified it allows the employer to pay the employee less and/or not pay overtime. This happens in all industries, and in all job types. Some examples may include retail employees labeled as managers to avoid paying overtime, or hourly employees asked to become contract employees to avoid paying overtime. You may also see misclassification in salaried workers when they are labeled exempt, which allows them not to earn overtime. Misclassification is wrong and costs you a lot of money. We can help get that money back.
Straight time and overtime are two different types of payments. Straight time is the dollar amount that you earn per hour. Overtime is the dollar amount you start acquiring after you have worked 40 hours in a seven-day period. When you start earning overtime, the dollar amount you earn per hour changes. This is a requirement by state and federal overtime laws. You now start to earn your straight time plus half of your straight time, otherwise known as time and a half. So when you work overtime, you should be earning 1.5x your regular hourly rate. That's why it's a huge financial loss for employees when employers pay straight time as overtime. Josephson Dunlap works to recover the lost overtime pay up to two times the amount.
Working off the clock is very common. Employers will ask employees to complete tasks, attend meetings, or prepare/clean work stations when the employee is not clocked in.
At first, it might not seem like unpaid work because the task might only take a few minutes, but when an employer is repeatedly asking an employee to work off the clock, for any reason, every minute adds up. Working off the clock is illegal. You deserve to be paid for every minute you work, and overtime when you work over 40 hours in a seven-day period. If you're being asked to work off the clock, you are owed unpaid wages. Josephson Dunlap can help you get those wages back up to two times the amount.
Unpaid overtime adds up quickly. When you work over 40 hours a week in a seven-day period, you are required to be paid time and a half for each hour. If you're not paid time and a half, then you are losing over half of your pay an hour. It might seem like only an hour here, and an hour there, but each minute you work overtime adds up. Employers will often try to find ways to not pay overtime. That's where we can step in. We are experts in reclaiming unpaid overtime and we can help you.
If your employer has asked you to underreport your hours, falsify your timesheet, or submit false information, that is illegal. By law, you are required to be paid for every minute that you work.
If an employee's hours are underreported this not only costs the employee straight time pay, it also costs the employee overtime pay. It is illegal and you deserve better. At Josephson Dunlap, we will fight to get your money back at three times the amount.
Per diems and overtime payments are not the same thing. Per diems are dollar amounts paid to the employee as reimbursement for travel, hotel, meals, and gas mileage. This is money that your employer legally has to pay back to you, as per diems are regulated by federal law. Overtime pay is pay you receive after you work 40 hours in a seven day period. Overtime pay is 1.5x, of an employee's regular hourly rate. When an employer owes you per diem pay, they are reimbursing you for expenses you paid out of pocket. When an employer owes you overtime pay, they need to compensate you for all hours worked over 40 hours a week in a seven day period. If an employer owes you per diem pay and overtime pay, they must first calculate the per diem pay into your total pay earned. Once they have done that, they will then need to calculate your overtime pay, which is time and a half, off of that total amount. Per diems must be included in your total pay, and then your overtime pay must be based off of your total pay. If your employer is using your per diems as overtime pay, we can help. At Josephson Dunlap, we are lawyers for the workers and will help you reclaim your unpaid wages.
If you are at work, attending an event/meeting for work, or traveling for work, you should be paid for that time. When employers require employees to travel, attend meetings, training, or briefs before or after shifts, the employee should be paid for all of that time. Some employers try to “make it quick” and claim it's only 10 minutes of your time, but the length of time doesn't matter. If you are required to be there, they are required to pay you. If you are being asked to work for free, no matter the time, we can help. Every minute adds up and we want to reclaim the pay you have already earned.
As a day rate worker, employers will often just pay the day rate and exclude any overtime. Employers will often misclassify employees as day rate workers to avoid paying overtime at higher rates. If you are a day rate worker, you might be owed up to three years in overtime pay.
Any employee, including salaried employees, earn overtime when they work over 40 hours in a seven-day period. The only exception to this rule is if you are a salaried employee who is labeled exempt. The label of exempt means that you do not qualify for overtime. Many times salaried employees are incorrectly labeled exempt so that the employer can avoid paying overtime. So if you are a salaried worker, exempt or non-exempt, you more than likely should be paid overtime. We can get your unpaid overtime back to you. Even if you are labeled exempt, we can still help to see if you are labeled incorrectly, if so, we can then help reclaim your unpaid overtime. Every hour adds up, and we want you to be paid for all of them.
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