Unpaid Wages

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unpaid overtime Wages

The FLSA requires most employers to pay their employees time and one-half their “regular rate” of pay for every hour worked over 40 hours in a workweek. Your “regular rate” includes any hourly rate you are paid, plus bonuses, commissions, or other compensation. Consequently, your “regular rate,” and your overtime rate, may be higher than you think. The experienced employment lawyers at Osman & Smay LLP can assess your situation to determine which overtime laws may apply to your situation.

examples of overtime wage violations:

To help you evaluate whether you may have been denied proper wage payments, here is a list of potential overtime wage violations. Read through the list, and if you have questions or believe you have been denied overtime wages due to one or more of these situations, contact Osman & Smay, LLP for a free consultation.

  • Paying “straight time” wages for overtime hours.
  • Keeping incomplete time records, or none at all, making it difficult to determine the hours worked.
  • Deducting for breaks that you did not take.
  • Paying only a salary – just because you are paid a salary does not mean that you are not entitled to overtime pay.
  • Giving an employee a job title such as “manager,” “supervisor,” or “foreman” and claiming that he or she is not entitled to overtime.
  • Requiring workers to perform work off-the-clock.
  • Refusing to pay overtime wages to workers who are paid partially or entirely through commissions, or not including commission wages in the “regular rate.”
  • Paying “comp time” or compensatory-time-off instead of overtime wages.
  • Failing to pay overtime wages for time spent traveling between job sites.
  • Misclassifying workers as “independent contractors” in violation of wage and hour laws.
  • Failing to include commissions or bonuses in the overtime pay rate calculation.
Do you believe you are owed wages?

Do you feel an employer denied you full compensation according to federal or minimum wage law in your state? Were you not paid at least minimum wage for all of your hours worked? Contact us today if you have questions about unpaid wages.

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