Overtime and Minimum Wage Claims

What Can Tennessee Employees Expect for Extra Hours Worked?

A good employee works hard not only to support his own family but also to help his employer succeed. This is true for all industries whether you are sitting behind a desk, working in a factory or serving food in a restaurant. When you work hard for your employer you expect to be treated fairly in return. This means you should be paid in accordance with the law for the ALL of time you worked. The Fair Labor Standards Act requires an employer to pay their workers overtime unless the position is exempt under the act. Unfortunately, many employers wrongfully classify their employees as exempt to avoid overtime or they simply do not pay overtime. If you work over 40 hours per week and do not receive overtime please to contact one of our Employment Attorney's to discuss your claim.

When does an Employee qualify for Overtime?

Federal law states that unless an employee is exempt from the Fair Labor Standards Act they are entitled to receive overtime for all hours over a normal 40 hour work week. In general, this applies to all employees paid by the hour. However, just because you are paid a salary you may still be entitled to overtime. Often employers believe that paying a salary will exempt them from paying for hours worked over 40 in a week but this can be incorrect. What is more important than how you are paid is the type of work you perform. For instance if you are given the title of "manager" and paid a salary but you do not have the duties of a manager you are likely entitled to overtime pay. If you are uncertain as to whether you qualify you may contact our office to discuss the specifics of your case with one of our Employment Lawyers.

What are some common tricks employers use to avoid extra pay requirements for their workers?

Unfortunately some employer attempt to increase their profits by attempting to find ways to escape paying overtime. Over the years we have seen numerous different attempts that companies have used to avoid overtime pay. Some of the common schemes we often see include:

1. Making the employee clock out before work is completed.
2. Paying a flat salary to an employee who should be paid hourly.
3. Giving the employee a false title such as manager or supervisor
4. Automatically deducting break or lunch times.
5. Improperly using the "tip credit" in restaurants

The law also does not allow an employer to retaliate if an employee questions an unlawful payment scheme. As such, if you have questions regarding overtime pay, we encourage you to contact one of our Employment Attorneys immediately. Our office has the knowledge and experience to help employee get the pay they have earned.

Contact us online or call 800-705-2121 for a free consultation to discuss your legal options and overtime compensation rights.