Overtime Violations

–Report Unpaid Overtime –

How Do Employers Cheat Employees Out Of Earned Overtime Pay?

Employers often try to avoid paying employees overtime pay in the following ways:

By misclassifying a non exempt employee as an exempt employee (for instance, by miscategorizing workers as executives, administrators, professionals, outside sale persons or independent contractors);

Requiring employees to work off the clock (for instance, by failing to record time actually worked on the job, failing to compensate for meal periods and rest breaks, failing to pay overtime for travel from shop to work-site and back, not paying overtime for time spent working while traveling, failing to pay overtime for attendance at training, meetings and lectures, failing to compensate for arriving early to perform necessary preparations for work, not paying overtime for time it takes to suit-up or put protective gear on, time waiting to log in, on-call time, or time in security lines, forcing employees to work on the weekends without clocking in, or by telling employees to report fewer hours than actually worked);

Telling employees that they are not entitled to overtime for various improper reasons (for example, that that they didn’t get permission or approval in advance, that they are paid on a salaried basis, etc.);

Incorrectly calculating the amount due (by, for instance, carrying over one week’s overtime hours into another week, paying employees their regular rate for overtime work; altering employees’ time sheets, etc.);

Giving time off in lieu; compensatory time; or comp time to private sector workers (a type of work schedule arrangement that allows workers to take time off instead of, or in addition to, receiving overtime pay.).

For some time now, big companies have been paying out big bucks defending employee overtime lawsuits for failure to pay overtime pay and wages, for example, by misclassifying non-exempt employees as exempt.

–Report Unpaid Overtime –

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4 Responses to “Overtime Violations”

  1. Gail says:

    My husbund was hired by this guy as a contractor, although he is not, and he is required to work 10 hours a day 6 days a week for 8 bucks an hour, that is it, no overtime. That can’t be right!

  2. Candace says:

    I recently started working for a company as an assisstant manager. I am paid on a salary and when hired I was told I would be scheduled 5 days a week, 10 hrs a day. I am on a time clock and at the end of each work week I show 50hrs worked. When I recieve my paycheck though, it says I am only putting in 40hrs per week. Why would this be? And is this legal?

  3. Jean says:

    I am a nurse and work 48 hours a week. Sometimes I get put on call and am called back in. We are usually paid call back time (time and 1/2) However, if we are called back on a 48 hr week we don’t get the call back pay. Is this legal?

  4. Clinton Smith says:

    Dated today 12/10/08 Rec’d memo demanding comp-time in lieu of on-call overtime, no overtime at all. Property Management/Apt. Complex. Do the laws only apply to companies over a certain # of employees?

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