WASHINGTON, D.C. — The Fair Labor Standards Act sets forth a multitude of conditions all employers must meet as it pertains to how they pay their employees.
Violators could be subject to substantial liability for their actions, particularly if they knowingly violate minimum wage and overtime pay laws.
Under the FLSA, employers who unknowingly fail to pay overtime to their employees may be liable for up to two years of back overtime wages. In cases where employers knowingly or actively fail to pay overtime, employees may be able to recover up to three years of unpaid overtime.
While unpaid overtime wage violations can occur for many reasons, there are several scenarios which are quite common. These include improper classification of employees, having employees working off the clock, and excessive side work for restaurant employees.
Under the FLSA, most hourly employees qualify for overtime pay at 1 1/2 times their normal hourly wage. However, some employers try to get around these provisions by improperly classifying their employees as exempt workers under the FLSA.
While there are several different classifications of employees which are exempt from overtime wages, one of the most common is to name an employee a “manager” or “supervisor.” However, the FLSA narrowly defines the responsibilities and roles these types of workers may perform and a qualified overtime wage lawyer can help these employees make their case to the courts.
Working off the Clock
Nearly all hourly employees required to punch in and out at the beginning and end of a shift may be susceptible to this type of violation. Common ways employees are made to work pre- and post shift include meetings, opening and closing tasks, or performing side work.
Other examples of working off the clock include being made to work during unpaid lunch breaks or run errands without being compensated for the time taken to do so. Donning and duffing (apply and removing protective gear) is another example, as well as responding to emails and other electronic correspondence while away from the workplace.
Excessive Side Work for Restaurant Workers
It is illegal under the FLSA to make tipped employees, like servers and bussers, spend more than 20 percent of their time on non-tipped duties. Frequently required duties of server include cleaning tables, rolling silverware, or restocking items throughout the establishment.
Do You Have an Overtime Wage Lawsuit?
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.