Attorneys Taking Action - Class Action News
Companies are increasingly violating the Fair Labor Standards Act by not justly compensating employees for working more than forty hours per seven consecutive days. Unless covered by specific exemptions, employees must be paid at least 1.5 times their hourly rate for each and every hour they work over forty hours. Employers generally deceive their employees into believing they are not eligible for overtime pay by falsely claiming that they are covered by exemptions, misclassifying the employee’s role, or by not counting “off-the-clock” work time.
Receiving a fixed sum for overtime hours, agreeing to a regular schedule over forty hours, signing an overtime pay waiver, and being in a managerial position are not considered exemptions. Yet many employees who fall into one of the above categories are being cheated out of their money because they believe they are not entitled to overtime pay. None of those qualify under the law as exemptions; and employees in each of the aforementioned situations is entitled to overtime pay at a rate of 1.5 times their hourly pay.
The misclassification of employees often leads to unfair compensation. Many employees believe that their role or title alone is sufficient enough for them to be exempt from overtime payment. However, simply having “manager” or “leader” as part of the job title has no bearing on whether or not a an employee qualifies for overtime pay. The job duties and responsibilities, not the title, are what the law uses to determine who is exempt.
Employees working “off-the-clock” hours are entitled to just compensation. But many don’t realize this. Employees often believe that if they are working from home or outside the office, they are not entitled to overtime compensation. This is absolutely not true. Others think that because they were not asked by their boss to work overtime hours, they are not entitled to just compensation. This, again, is false.
These practices are especially prevalent in the Oil and Gas industries. However, across all industries there are many instances of employees not receiving their fair and earned overtime compensation. If you or someone you know has not been receiving overtime pay, please contact us for a free case evaluation.
Kohn, Swift & Graf is a national leader in class actions, including complex consumer litigation. With experienced attorneys and a competent support staff, our firm strives to provide the highest quality of service to our clients. We treat each case with careful attention to ensure that consumers get the justice they deserve. KSG is centrally located in Philadelphia, PA.