Non-exempt employees must be paid overtime wages for hours worked over 40 per week. Contact our Columbus Overtime Attorneys today!
If you have questions about your overtime wages, you should speak with our Columbus overtime lawyers who regularly handle overtime litigation. Whether you are entitled to overtime compensation if you work more than 40 hours per week depends on if you are an “exempt” or “non-exempt” employee.
An employee is “exempt,” or not entitled to overtime compensation, if they fit within one of the exemptions to the Fair Labor Standards Act (“FLSA”). The exemptions are based on the employee’s job duties, so it is a very fact-intensive analysis. If you believe you may have been misclassified as an exempt employee so that your employer can avoid paying you overtime, you should contact our Columbus overtime lawyers so that we can review your circumstances and job duties to determine if you have been properly classified.
In addition to misclassification issues, there are numerous other pitfalls in the FLSA regarding overtime compensation, including:
- misclassifying employees as independent contractors
- automatic meal break deductions or other break deductions
- improper deductions from wages
- improper calculation of the proper overtime rates
- bonuses or shift differentials not included in overtime rate calculations
- off-the-clock work
- failure to provide a proper tip credit notice to tipped employees
- failure to pay employees for travel, meetings, off-site work, or training
- compensatory or “comp time”
- paying employees straight time (their normal hourly rate) instead of 1.5 times their regular rate of pay
The issues above are just some of the common mistakes we see employers make that result in unpaid overtime. If your employer has failed to properly pay you overtime wages, it is likely that your coworkers have also been subjected to the same unlawful pay practices. Employees who prove violations of the FLSA may be entitled to their unpaid overtime wages, liquidated damages (a penalty) equal to their unpaid overtime wages, and attorney’s fees. So, you may have a right to an amount equal to double your unpaid overtime wages, as well as attorney’s fees and costs for pursuing the legal action.
Our Columbus overtime lawyers are here to speak with you about any wage and hour issues you may have with your employer. We regularly represent employees in all types of wage and hour disputes. We look forward to the opportunity to discuss your compensation issues with you. Call our office today for a FREE consultation at 1-614-949-1181 to speak with experienced Columbus employment lawyers who handles wage and hour issues.