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Mobile’s economy has been on the rise with the recent growth experienced around the country, but that expansion has not seen a reduction in employers attempting to take advantage of their workers by expecting longer hours, sometimes without pay.
Some of Mobile’s industries, such as shipbuilding or freight management, are highly susceptible to wage theft, particularly during the holidays or when trying to meet specific deadlines. However, these problems persist year-round.
Our attorneys at Morgan & Morgan’s Mobile office understand the seriousness of having your wages withheld by an unfriendly employer, and are ready to help you seek the compensation you deserve for your time. Fill out our free case evaluation form today.
Who is Covered Under Overtime Laws in Mobile?
Alabama has no dedicated overtime law but is governed by federal law, specifically the Fair Labor Standards Act. The FLSA covers the following individuals:
- Any employee of an enterprise engaged in interstate commerce which has gross receipts of at least $500,000 per year;
- Any domestic worker who earns at least $1,700 per year or works at least eight hours per week; and
- Any employee of a hospital or other institution caring for the sick, aged, or mentally ill.
Realistically, this covers the majority of Mobile employees, so you’re likely covered and might be missing out.
Violations Might Not Always be Obvious
Most FLSA violations are not as clear as having to work more than 40 hours but not get paid the premium for that extra five or 10 hours.
The majority of Florida wage and hour violations — much like other types of violations — are subtle, and many employees have gone years being deprived of their well-earned cash because of that subtlety.
Employees are supposed to be compensated for the entire time they are furthering their employer’s business, even if it exceeds 40 hours a week. Yet some employers require their employees to perform work either before clocking in or after clocking out.
This can mean requiring you to do a variety of things, like clean up after your shift, travel through security checkpoints, traverse across a facility to a distant worksite, or put on extensive safety equipment and uniforms before clocking in.
Fifteen minutes of extra work a day might seem inconsequential, but that’s more than an hour a week, more than a week a year, and up to several months over the course of a career, all unpaid.
It’s a common idea that all salaried employees in Alabama are exempt from overtime laws. This, however, is untrue.
Bona fide managers, executives, professionals, and administrative workers exercising independent judgment can be exempt. Therefore, you might be asked to work more than 40 hours without receiving any extra pay or overtime bonus. But, some salaried workers are still covered under the FLSA.
There is a fact-intensive, rigorous legal test for distinguishing between an employee and an independent contractor, and includes a variety of variables such as the nature of your work, the amount of supervision you receive, where the work is performed, and who provides your tools, among other questions.
Those who are might be entitled to extra pay or compensation if they are asked to work extra.
A Mobile Employment Attorney Can Help You Understand Your Rights
Being cut out of your rightfully earned dollars can be more than troublesome, it could be the difference when it comes to rent or bills. What’s more, you’re more than entitled to it: Your employer is legally obligated to provide it.
If you believe your Mobile employer has wrongfully deprived you of overtime pay, our team of overtime attorneys at Morgan & Morgan can help you by discussing your options and investigating your claim. Please contact us for a free case evaluation to have your situation evaluated by an experienced Mobile attorney.