Common Wage and Hour Violations

While many companies comply with the wage and hours laws, others routinely violate the laws.

Some common wage and hour violations are discussed below. Please remember that these are just a few examples of the many different types of wage and hour violations. If you believe a current or former employer violated your wage and hour rights at any time during the past three years, you should contact us for a free and confidential attorney consultation.

• Misclassifying Salaried Workers as Ineligible for Overtime Pay: Some companies pay workers a salary (instead of an hourly wage) and then tell the worker that he/she is not entitled to overtime because he/she has a managerial or administrative job title. But, in fact, many salaried workers are entitled to overtime pay. Whether a salaried worker is entitled to overtime depends on his/her actual job duties, not on the job title provided by the company. If you are a salaried worker and do not receive overtime pay, The Winebrake Law Firm can evaluate whether you may be eligible to recover unpaid overtime benefits. Contact us for a free and confidential attorney consultation.

• Mortgage Loan Officers: Some mortgage companies illegally classify their loan officers as ineligible for overtime pay, even though these workers routinely work over 40 hours per workweek. In fact, many mortgage loan officers who spend the majority of their time working inside the mortgage company’s facility are entitled to overtime. Click here to Contact us if you are a mortgage loan officer and would like a free attorney consultation.

• Failing to Pay for All Time Spent Working: Some companies fail to give workers credit for all hours worked by requiring them to perform job-related duties “off the clock” or by using timekeeping practices that do not give credit for all time spent performing work-related duties. For example, some time clock, sign-in, punch-in, or other timekeeping systems do not capture the time workers actually spend on the job. Under the law, it is the company’s responsibility to maintain a timekeeping system that captures all compensable time. If your company fails to pay you for all time spent performing work related duties, you should speak with a lawyer. Contact us for a free and confidential attorney consultation.

• Allowing Work During Meal Breaks: Some companies allow workers to perform work during meal breaks or require workers to be on duty during the meal break. But, under the law, it is the company’s responsibility to ensure that workers do not perform work related duties during meal breaks. If you and your co-workers regularly and openly “work through lunch,” you may be entitled to substantial regular and overtime pay. Contact us for a free and confidential attorney consultation.

• Rest or Meal Breaks of Less than 20 Minutes: Generally, workers must be paid for scheduled rest or meal breaks of less than 20 minutes. If your current or former company deducted your pay for scheduled rest or meal periods of less than 20 minutes, you should contact us for a free and confidential attorney consultation.

• Pre-Shift and Post-Shift Activities: Many workers are required to pick-up, wait for, put on, clean, or maintain required clothing or gear that is necessary for the performance of their jobs. For example, almost all workers in the meat and poultry industry are required to wear sanitary and protective gear before arriving at the work station for the start of their shift. Many other workers must ready machines or computers at the start or end of the workday. Workers generally are entitled to be paid for time spent performing pre-shift and post-shift activities. They also are entitled to be paid for time spent traveling from the equipment pick-up area to their work station. If your current or former company failed to pay you for required activities at the beginning or end of the workday, contact us for a free and confidential attorney consultation.

• Call Center Workers: Many call center workers are required to perform duties before and after the beginning of their paid shift. For example, some companies require call center workers to prepare and submit reports at the conclusion of their workday. These kinds of company-mandated activities generally are compensable work. If you are a call center employee and believe you have not been paid for all your work time, contact us for a free and confidential attorney consultation.

• Independent Contractors: Some companies refuse to pay workers overtime by calling them “independent contractors” instead of “employees.” But whether a worker truly is an independent contractor depends on the specific, real-life circumstances of his employment. A worker is not an independent contractor just because the company says so. If you regularly work over 40 hours in a workweek and are denied overtime because the boss says you are an “independent contractor,” you should contact us for a free and confidential attorney consultation.

• Averaging Long and Short Workweeks: Most workers are entitled to “time-and-one-half” overtime pay for all hours worked over 40 in a single workweek, which is defined as a period of seven consecutive days. With some exceptions, companies cannot avoid paying overtime by trading a “long” workweek against a “short” workweek. For example, if a worker works 48 hours in one workweek and only 32 hours in the next workweek, she usually is entitled to 8 hours of overtime pay for the first workweek. It does not matter that the first 48-hour week and the second 32-hour week “average out” to two 40-hour weeks. If you believe your current or former company engaged in such illegal “averaging,” you should contact us for a free and confidential attorney consultation.

• Compensatory Time: Most hourly workers not employed by the government are entitled to a monetary payment for overtime work. This overtime pay must be calculated at 150% of the worker’s regular rate of pay. It generally is illegal for private sector employers to pay non-monetary “compensatory time” (or “comp time”) benefits instead of money. If you are/were a non-governmental worker who received “compensatory time” instead of monetary overtime pay, you should contact us for a free and confidential attorney consultation.