For most non-professional workers (even many supervisors), employers are required to pay overtime, which is a higher rate of pay (1.5 times) for all hours worked over 40 in a work week. But many employers violate the law and don’t pay overtime, especially in construction, cleaning, delivery and restaurant industries. Instead, they pocket the extra money for themselves and commit wage theft.
Has Your Employer Used Clever Trickery to Deprive You of Overtime Pay?
There are two illegal tactics employers often use to avoid paying overtime. One is to put you on a salary. But this violates the law, because salaried employees are entitled to extra pay for overtime hours, just like hourly workers. The other illegal tactic is to falsely label you as an “independent contractor”. However, the vast majority of so-called “independent contractors” are really employees, who are entitled to overtime pay. So, don’t be fooled!
Do you have questions?
If you think that your employer is committing minimum wage or overtime violations, you may be eligible for back pay and statutory damages (an additional amount up to three times the back pay). And, you generally have three or more years to file a claim in court. If you have questions, contact a lawyer who is experienced in this area of employment law. *This information on this blog is not nor is it intended be legal advice. You should consult a lawyer for individual advice regarding your particular situation.