“They don’t have to pay me overtime. I am on salary.”
This is often false. Salary workers must also meet other criteria. For example, they must also perform certain duties in order to be “exempt” from the wage and hour laws. Most workers MUST, under both state and federal law, be paid overtime. It is your right to be compensated in accordance with Ohio and federal overtime law. For a typical worker who spends more than 40 hours per week at work, and should be – but is not – receiving overtime, this would could add up to hundreds or thousands of dollars per year. Call us for a free consultation to see if you should be receiving overtime.
“We use ‘flex time’ so usually I don’t get paid overtime, even though I work more than 40 hours per week in some weeks.”
If you do not meet one of the law’s exemptions from the overtime laws, “flex time” is not permissible in the private sector. State and federal law prohibit private companies from withholding overtime from non-exempt workers who spend more than 40 hours PER WEEK working, even if they worked less than 40 hours in some other week. Despite this, companies illegally cheat workers out of overtime by putting ‘flex time’ rules in their handbooks, or as a ‘company policy.’ “You worked 48 hours this week, but since you only work 32 hours next week, you are not entitled to overtime.” WRONG and illegal. Overtime entitlement is calculated for EACH week. As an hourly worker, if you work more than 40 hours that week, you must be paid overtime. Call us for a free consultation to see if you are entitled to overtime that you are not receiving.
“They make us get to work at 6.45am to put on our uniforms, but don’t let us clock in until 7am. Then, they make us punch out at exactly 3pm, but make us wait in line at security, sometimes for 15 or 20 minutes, for a bag check before we are allowed to leave. I have to pick up my kids at daycare and this just isn’t fair.”
Not only is it unfair, it may also be illegal. State and federal wage laws REQUIRE your employer to pay you for any significant time you spend on activities necessary for your job (which can include putting on or taking off uniforms or work equipment, preparing machinery, tools, and the list goes on.). State and federal law also require your employer to pay you for time you spend at work after your shift is over, if it is necessary as part of your job, such as removing protective gear, powering down equipment, etc.
For the typical American worker, even those at minimum wage, this amount can add up quickly. Call us for a free consultation to see if you are entitled to additional pay that you are not receiving.
“I am paid as a “salesperson.” But if I don’t get a sale, I don’t get paid. And there are multiple reasons beyond my control why my sales don’t always go through. Geez. Maybe I should find some other work because I can’t pay my bills sometimes with this arrangement.”
Your employer might be breaking state and federal law by not paying you at least minimum wage for every hour you spend working. Some workers are not true “exempt” salesmen, and the company may be violating the law if certain criteria are not met. We can help you assess whether you are an exempt salesperson or whether you are entitled to the protections of the minimum wage and overtime laws. Call us for a free consultation to see if you are entitled by law to additional pay that you are not receiving.
“We have a tip pool. The employer gets 10%, and we all split the rest.”
Really? Then your employer is stealing your wages. It is illegal for an employer to take a ‘cut’ of a tip pool or other similar arrangement. If you are not making minimum wage, your employer can keep 0% of your tips. This practice can cheat you out of hundreds of dollars every few months. It is not fair, and it is not legal. Call us for a free consultation to see if you are entitled to additional tip money that you are not receiving.
“Should I be getting paid for time I spend ‘on call,’ even if I am not at the workplace? My employer says they don’t have to pay me until I come in, even though I am not allowed to go anywhere more than 5 miles from my workplace during the ‘on call’ hours.”
Both state and federal wage laws require you to be paid for on call time in some circumstances, and your employer is committing wage theft if they are not doing so. For example, being tied to a limited area of travel during ‘on call’ is for the benefit of your employer and restricts the use of your time, so the law can require your employer to pay you for that time. Call us for a free consultation to see if you are entitled to receive pay for some or all of your ‘on call’ hours.
These are just a few examples of the ways American workers are being cheated out of wages, tips and other compensation. The state and federal wage and hour laws exist for a good reason. You are entitled to have them followed in every matter relating to your wages, overtime, tips and otherwise. We are available free of charge to answer your questions about these, or any other matters.