Some common overtime scams include working off the clock, shortchanging hours and employee misclassification. If you have been a victim of an overtime scam, fill out our free, no obligation case evaluation form.
Working off the clock occurs when an employee's shift ends and there is work left to be completed. A supervisor will insist the employee clock out and finish the work he or she should've completed during the day.
Many workers take short breaks during the day to increase productivity and efficiency. While many employers allow or even require employees to take breaks, this time may not be included in their work hours for the week. The law requires that labor breaks lasting five to twenty minutes must be included as paid time.
Companies can also avoid paying overtime by misclassifying employees into an exempt category when they should actually be receiving overtime pay. In many cases, employees with non-managerial job duties are classified as supervisors who don't receive overtime. However, if an employee's job duties do not make them exempt, they should receive overtime pay.
Employers may also claim that employees can't work overtime unless it's approved. However, according to overtime law, if your boss knows or has reason to know you are working overtime, you are entitled to time-and-a-half compensation. Some employers also pay the employee's regular rate instead of paying the time and half rate for overtime.
If you have fallen victim to an overtime scam, the overtime lawyers at Morgan and Morgan can help. Do not hesitate to contact our overtime attorneys with your overtime claim to help you get the compensation you deserve.
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