The law protects employees and dictates that workers must receive fair compensation for their time. If an employer violates those rights, the court can impose penalties upon the employer, and as a result, the employee can obtain compensation.
Holding an employer accountable for his or her wrongful actions can be intimidating, as you may fear retaliation at the hands of the business that issues your paychecks. Fortunately, a Chardon overtime violation attorney can fight to hold your employer accountable and help you obtain the compensation you earned. A wage and hour lawyer is in the best position to advise you of your legal rights and answer all of your important questions.
Overtime Violations and Miscounting Hours
Many employers must pay their employees overtime wages if they work more than 40 hours in a week. If employers calculate hours every two weeks, they might average out the time over the course of fourteen days rather than seven. In those cases, the employee may have worked 80 hours in two weeks, but with 50 hours in one week and 30 in the other.
In that scenario, the employee deserves overtime wages for ten hours from the week in which he or she worked the 50 hours. If the employee earns ten dollars an hour, and the overtime pay is fifteen dollars an hour, the two calculations will lead to disparate amounts of compensation. The employer may pay $800, but the employee should earn $850.
While a single violation might seem small, employers often continuously miscalculate wages, which can lead to significant losses for their employees. A Chardon attorney can help recover income lost due to overtime violations.
Automatically Deducting Breaks
Some employees are entitled to specific amounts of break time. If the worker cannot take his or her breaks because of work responsibilities and expectations, losing break time can lead to overtime work.
Sometimes, employers will automatically calculate hours based on assumed lunch hours and other breaks. If the employee could not take those lunch hours, then the employer will need to add that time into the employee’s work hours. Also, deducting short breaks that should be paid time can lead to a calculation of fewer hours worked than the employee was actually engaged in his or her job.
If the employer repeatedly discounts an employee’s work hours, the result will be less pay and potential denial of overtime wages. A Chardon overtime violation attorney can help hold the employer accountable.
Not All Employees Qualify for Overtime
The law does not require overtime pay for all positions. For instance, certain high-level employees will not receive this type of pay, even when they work more than 40 hours a week.
- Individuals who are not entitled to overtime pay include:
- Professional positions like attorneys
- Outside sales workers
- Administrative workers
- Certain computer workers
- Executives
The law also excludes certain professions including babysitters, transportation workers, farmworkers, housekeepers, and non-profit children’s camp workers from obtaining overtime pay.
Other employees enjoy specific protection by overtime laws, including those who earn less than $455 a week as hourly workers and those who are in an eligible field, such as paralegals, first responders, and nurses. Eligible employees must receive at least time and a half for their overtime work. A knowledgeable Chardon lawyer can help individuals understand their rights to overtime pay.
Consult with a Chardon Overtime Violation Attorney Today
If you believe your employer is not properly compensating you for your work, you may require the assistance of a skilled Tittle & Perlmuter attorney. The law protects your rights as a worker and provides remedies for individuals facing violations of those rights.
Long-term wage and hour violations will lead to a substantial loss of income. A Chardon overtime violation lawyer can work with you to hold your employer accountable and recover the compensation you earned. Call today.