Companies steal millions of dollars from employees every week by withholding overtime pay, employee misclassification, illegal deductions in pay, failing to pay minimum wages, working employees off the clock, or not paying their employees at all.
When a company does not pay you for all hours worked, that is called wage theft. And it is illegal. If you are required to work off the clock, or not paid overtime for all hours worked over forty, you might have a lawsuit.
To avoid paying overtime, employers often misclassify employees and pay them salary. Salary does not equal exemption. Those misclassified employees have a right to overtime compensation. Some industries are notorious for misclassifying their employees or not paying them for all hours worked. Some commonly misclassified positions include:
- Assistant manager positions in the service industry that are paid salary and or not paid overtime (fast food, restaurants, retail, convenience stores)
- Trucking dispatchers and certain logistics workers that are paid salary and or not paid overtime
- Healthcare workers (home healthcare, nursing facilities, hospitals)
- Oil and Gas industry workers
- Exotic Dancers classified as independent contractors
- Banking and Loan Officer positions
If you routinely work over 40 hours a week and are not paid overtime, you may be entitled to compensation.
Working off the Clock
Your employer has to pay you for all hours worked. If you are required to work off the clock or through unpaid lunch breaks, you may be entitled to compensation. Examples of off the clock work include:
- Any workers subject to an automatic lunch deduction policy and still work through lunch
- Off the clock training or completing paperwork
- Finishing work at home off the clock or re-doing work
- Answering emails, phone calls, or text messages off the clock
- Pre or post shift meeting
- Cleaning up or preparing/setting up (in restaurants)
If you are not paid for every hour worked you may be entitled to compensation. At Babin Law, LLC we have significant experience handling wage and hour class actions on behalf of thousands of workers across the country.
If you think you might not be getting paid right, call us today for a free consultation at (614) 384-7035. Tell us your story. We are here to listen.