When it comes to labor laws, the U.S. has taken huge strides to ensure that its people are being paid fair wages for the work they perform. Still, some employers try to find loopholes in order to avoid paying their workers an appropriate amount for their overtime.
For instance, employers often try to save themselves money by having their employees not clock in before work, clock out prematurely and/or during lunch breaks that were never taken, or give up an inappropriate amount of their tips. If these or any of the following injustices have happened to you, now is the time to do something about it. Overtime disputes have a two-year statute of limitations, which means that you have a very limited amount of time to take legal action against your employer.
Hourly Pay with No Overtime
If you are an hourly employee, the general rule is that you must be paid overtime for each hour you work over 40 in a week. However, overtime laws do contain some exemptions which allow employers to pay straight time only without paying overtime. The best way to make sure you aren’t being taken advantage of is to let an experienced employment law attorney evaluate your situation.
Day Rate Employees and Overtime
If you are paid a day rate for work you perform and do not receive overtime compensation, you should immediately consult an attorney regarding your rights. Many employees are paid a day rate for their work, but because they already receive additional pay for additional work, there is a misconception that they are not entitled to overtime compensation. In truth, though, employees who normally earn a day rate are entitled to overtime pay.
Piece Rate Employees and Overtime
The term “piece rate” refers to a person being paid for each completed job they perform. For example, if you are paid for each package you deliver or each car you repair, you are a piece rate employee.
Generally, piece rate employees are entitled to overtime compensation. If you work in this capacity but aren’t receiving overtime compensation, don’t wait to get legal advisement.