Frisch Law Firm has won many labor overtime cases in industries where employees are regularly cheated out of overtime pay or other wages to which they are entitled. Simply because a practice is widespread, does not make it legal. In many industries, companies throughout the country utilize the same or similar illegal pay practices. Here are some industries that Frisch Law Firm is currently investigating.
If you believe your employer, or former employer is violating overtime laws contact us at (888)OVERTIME or http://www.overtimeadvocate.com/2.html for a free consultation today.
Drivers of Vehicles under 10,001 Lbs.
On August 10, 2005, Congress changed the overtime law for drivers of vehicles with a Vehicle Gross Weight Rating of 10,001 lbs. or less. Prior to the change in the law, drivers of these vehicles were generally exempt from the federal overtime law. However, under the new law, these drivers are covered by the federal overtime law. This change in the law will has a very significant impact for Route Delivery Drivers (for example, Drivers who make deliveries using a van rather than a truck) and some repairmen. Many employers fail to pay the drivers of such vehicles their proper overtime wages, because they believe that drivers of these vehicles are not entitled to overtime. Their mistake should not cost you your hard earned dollars. Frisch Law Firm has represented many such drivers to ensure that the law is enforced for repairmen and drivers who are still being denied overtime despite the change in the law. If you believe your employer or former employer has failed to pay you proper overtime, call Frisch Law Firm at (888)OVERTIME for a free consultation today.
Satellite and Cable Installers
Cable and line installers are frequently treated as independent contractors, even though they work for a single company exclusively, receive pay set by that company, and have no opportunity to increase income other than by working longer hours. Many such installers cannot be legally paid as independent contractors. If installers work more than 40 hours in a week and are not paid overtime premium pay at the rate of time and one half, there may be a valid claim for back pay and an equal amount in liquidated damages. The fact that the company pays such workers as an independent contractor and reports such pay on an IRS Form 1099, does not make this pay practice legal.
Call Center EmployeesOften, call center employees are paid for a set schedule of hours, such as 8:00 to 5:00, but they may be required to be at their workstations before and/or after the shift without being compensated for this extra time. Many times, employers refuse to pay employees for 10-30 minutes at the beginning or end of their shifts when they are waiting for the customer service software to load at their workstation or shutdown. This practice, constitutes off-the-clock work and violates the law.
Mortgage and Financial Salespeople
Financial and investment services salespeople often work under the misconception that they are not entitled to overtime compensation simply because they are paid commissions or a salary—or a combination of both. Typically though, the law requires that financial services employees who work primarily in an office, or whose primary job is to facilitate inside sales over the telephone, be paid overtime if they work more than 40 hours in a workweek. Similarly, mortgage loan advisors, or mortgage loan officers, are typically entitled to overtime compensation, regardless of the manner in which they are paid, when their job is to sell mortgages over the phone.
Many employers fail to pay such employees overtime at all, or if they do, they fail to consider all wages earned (i.e. commissions) when calculating the overtime due each week, so that overtime is paid out at an incorrect (lower) rate than required by law
Employees who are paid partially through tips are often forced to have their tipped wages pooled with other employees. Under certain circumstances such pooling of tips is illegal. Similarly, an employer who keeps a portion of service fees or tips may be in violation of the law. Tipped employees must be paid at least half (1/2) of the legal minimum wage per hour, in addition to any tips received, for all hours worked. If an employer fails to pay such hourly rate, they may be violating minimum wage laws. Additionally, such employees are entitled to 1.5 times the minimum wage, in addition to any tips received for all hours over 40 in a workweek. An employer's failure to pay an overtime premium for hours over 40 is likely an overtime violation. Click here to read more about Tipped Employee rights.
Piece Rate or "Pay For Production"
Workers who are paid by piece rate, frequently called unit rate or pay for production, are frequently victims of illegal payment methods. Many employers wrongly fail to pay such workers the overtime they are entitled to, because they pay only the piece rate or unit rate, often failing to keep track of such workers' hours. Even workers paid by piece rate or for/by production are typically entitled to overtime when they work over 40 hours in a workweek. If your employer has failed to pay you overtime, despite the fact that you work over 40 hours in a workweek, because you are paid for production rather than by the hour or salary, you may be entitled to up to 3 years of back overtime pay and other damages.
If you have questions about your current job, or a previous job you worked at within the past three (3) years, contact us at (888)OVERTIME [888-683-7846] or http://www.overtimeadvocate.com/2.html for a free consultation today.