The Law Offices of Gregory D. Ferguson, PC

 

Wage Claims


Wage & Hour: Overtime, Unpaid Bonuses/Commissions

Not getting paid what your employer owes you? Are you forced to work overtime, or off the clock but not receiving any extra pay? Has your employer not fulfilled promises of future compensation that were made to you when you were hired? We can help.

Overtime Violations

Failure to pay overtime is a surprisingly common practice. Employers often try to avoid paying overtime in the following ways:

  • Having employees work "off the clock";
  • Denying employees overtime pay when the overtime is not approved by management;
  • Paying employees only their regular rate for overtime work;
  • Carrying over one week's overtime hours into another week;
  • Using a timekeeping method that automatically "clocks out" employees either for lunch periods or at the end of a time period, regardless of whether the employees continue working for the clocked-out time;
  • Requiring employees to arrive early to perform necessary preparations for work, including putting on or removing protective gear; and
  • Altering employees' time sheets.

Salaried employees misclassified as exempt

An employee is not exempt from overtime payment simply because she is paid the same salary every week, as opposed to by the hour. The most common Fair Labor Standards Act (FLSA) and state law exemptions for salaried employees apply primarily to professionals, such as doctors or lawyers, or high-level employees who have a considerable amount of discretion in conducting their affairs. Employees who are not exempt under the FLSA or applicable state laws are entitled to be paid for all time worked in excess of 40 hours per week, regardless of their salaried status. Employers frequently violate FLSA by failing to pay overtime to salaried employees that the employer misclassifies as exempt. If your employer has misclassified you as exempt, our attorneys can help you.

Contact us now to find out whether you are entitled unpaid overtime, bonuses, commissions or other compensation. Limitation periods that could bar your claim may already be running so time is of the essence.