Overtime Class Actions

20 11, 2018

Quiz: Are You Getting Cheated Out of Overtime Pay?

By | 2018-11-20T00:49:21+00:00 November 20th, 2018|Overtime Class Actions|0 Comments

Take this quiz to see if you might be owed money If you’ve worked a lot of overtime and your paycheck is less than it should be, your employer may be misclassifying you in order to dodge paying overtime. The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt workers at least minimum wage, as well as time and a half for overtime pay. “Overtime” describes all hours worked in a week over 40. Some employees, however, are classified as exempt from overtime. If you’re exempt, you aren’t entitled to overtime pay even if you work more than 40 hours in a week. The specific signs of this misclassification vary depending on your profession, industry, and situation. However, if you think it may be happening to you, here are some questions to ask: 1. Are you hourly or salary? It’s usually salaried employees that are exempt from overtime pay. There are exceptions to this, however—such as people categorized as computer employees. If you earn an hourly wage but your employer has told you that you’re exempt from overtime pay, they may be misclassifying you. 2. Do you make more or less than $455 per week? In many situations, if [...]

31 10, 2018

Misclassification of Employees: How Companies Avoid Paying Overtime

By | 2018-11-20T00:51:24+00:00 October 31st, 2018|Overtime Class Actions|0 Comments

What you need to know if your paycheck is short Has this ever happened to you? You put in a ton of overtime at work, forego fun activities and family time, and come home exhausted for days or weeks on end. You figure it’ll all be worth it once you get that big overtime paycheck. Then when your check comes in, it’s suspiciously light. This is not as uncommon as you’d think. One sneaky way companies avoid paying overtime is by misclassifying employees as exempt so they don’t qualify for time-and-a-half. Let’s talk about how companies game the system—and what you should do if you think it’s happening to you. Who is exempt from overtime pay?  There are two types of employee classifications: exempt and non-exempt. Exempt basically means “exempt from overtime.” Under the Fair Labor Standards Act (FLSA), employers are required to pay non-exempt employees at least the minimum wage, plus time and a half for all hours worked over 40 in a week. But some categories of employees, those who are classified as exempt, don’t qualify for time-and-a-half no matter how many hours they work. Exempt employees may include: Executives Despite the name, you don’t have to be [...]

15 06, 2018

Gig Workers Have Rights Too

By | 2018-06-15T14:16:12+00:00 June 15th, 2018|Employment Agreements, Overtime Class Actions, Wage Theft & Unpaid Wages|0 Comments

Gig workers and independent contractor status Many workers in the gig economy sign an acknowledgement that the worker is an independent contractor and not an employee. However, sometimes that is not the end of the story. For one thing, courts are increasingly evaluating whether the company exercises sufficient control over the worker’s everyday tasks that he or she should in fact be classified as an employee. This classification is crucial as workers who are classified as independent contractors are not entitled to the guarantees and protections of the Fair Labor Standards Act (FLSA) or other employment statutes. This affects the worker’s entitlement to minimum wage and overtime compensation, unemployment and disability insurance, family leave, workers’ compensation, and sick leave. These statutes only apply to workers who are classified as employees. Further, independent contractors are generally not entitled to employer-sponsored benefits, including health insurance, retirement plans, and paid time off. As the gig economy evolves, so does the law On June 7, 2018, the U.S. Department of Labor issued a news release reporting that 3.8 percent of U.S. workers, that is 5.9 million individuals, held contingent jobs as of May 2017. With gig workers numbering in the millions, the classification of [...]

1 06, 2018

Be Careful What You Wish For – How Collective Action Waivers May Hurt Employers

By | 2018-06-01T14:50:10+00:00 June 1st, 2018|Employment Agreements, Overtime Class Actions, Wage Theft & Unpaid Wages|0 Comments

What is a collective action? A collective action is a type of class action that is brought by employees to assert their rights under the Fair Labor Standards Act (FLSA), most commonly actions alleging wage and hour claims. By utilizing the collective action process, employees can join together to assert individual claims in one action, saving time and money. These types of claims often assert that employees are misclassified and therefore entitled to overtime, or have not been paid for all the time worked, travel time, or meal breaks. Supreme Court upholds collective action waivers in arbitration agreements The Supreme Court of the United States recently held that collective action waivers in employee/employer arbitration agreements are enforceable. These types of waivers are often signed by employees as a condition of accepting a job. In a 5/4 decision, the Supreme Court found that class action waivers do not violate employees’ right to “protected concerted activity” under the National Labor Relations Act (NLRA). The NLRA protects employees’ right to communicate with each other and join together to take concerted action to improve working conditions and participate in union-related activities. The Court held that class actions do not constitute concerted activity under the [...]

2 03, 2018

Are You Entitled To Be Compensated For Travel Time?

By | 2018-03-02T19:38:51+00:00 March 2nd, 2018|Overtime Class Actions, Wage Theft & Unpaid Wages|0 Comments

Travel Time Compensation For The Non-Exempt Employee The Fair Labor Standards Act (FLSA) requires employers to pay overtime to non-exempt employees, for time worked that exceeds the employee’s usual work time in the employee’s field. Generally, hours worked over 40 hours in a week must be compensated at least one and one-half times the employee’s regular rate of pay. When determining the number of hours an employee has worked and the corresponding amount of regular pay and overtime pay, employers are required to count certain hours of travel time as work time. The Portal-to-Portal Act, which amended the FLSA, attempted to clarify the travel time compensation issue. State and local laws may provide additional protections to employees in terms of travel time compensation and countable work hours. In addition, contracts, customs, and practices, including collective bargaining agreements, may impact an employee’s right to travel time compensation. Some uncertainty and confusion as to compensated travel time remain among employers and employees alike. An employer may fail to count travel time hours as compensable or may fail to count those hours appropriately. Employees are cautioned to keep careful records of their travel hours. Examples of paid and unpaid travel time Pursuant to [...]

3 08, 2017

Murphy Law Group Secures $865K for Workers Who Claimed Overtime Violations

By | 2017-08-03T14:52:26+00:00 August 3rd, 2017|Overtime Class Actions|0 Comments

Behavioral health professionals said clinic shorted their pay If you’ve been unfairly denied overtime pay, you should seek the advice of an employment law firm that has experience fighting for workers’ rights. You may be entitled to financial compensation. Case in point: We just secured a settlement of $865,000 for 55 behavioral health professionals who claimed their employer was unfairly denying them overtime pay. For more about this case, see recent coverage in The Legal Intelligencer: Therapists' Overtime Class Action Nets $865K Settlement For full details of the settlement, click here. Contact Us Now for a Free Consultation If you believe you haven’t been paid in accordance with law, contact us to find out more about your rights. Email us at murphy@phillyemploymentlawyer.com, or call (267) 273-1054 for a free consultation.          

10 08, 2016

Company Shortchanges Workers Out of Overtime to the Tune of $1.8 Million

By | 2017-07-29T08:41:59+00:00 August 10th, 2016|Overtime Class Actions|0 Comments

Workers were misclassified as exempt from overtime Working more than 40 hours per week without extra compensation is part of the deal if you’re an exempt employee. But what if you suspect that you’ve been misclassified? Then, having to work additional hours can really sting. Unfortunately, misclassifying employees – whether it’s done intentionally or not – can mean that employees are shorted out of their rightfully earned pay. However, it’s important to know that there are legal remedies if you’re not being paid in accordance with the law. Let’s take a look at a recent instance in which misclassified workers stood up for their rights. Working for free Analysts at Citigroup Technologies Inc. were used to working overtime. Unfortunately for the 882 staffers in one division of the company, those overtime hours didn’t amount to additional pay. Workers in this group were generally salaried and classified as exempt from overtime. However, several of the employees suspected that their classification was incorrect and that they should’ve been eligible for overtime compensation. Several workers sought legal representation and filed a complaint. A Department of Labor (DOL) investigation was launched and the company found its pay practices under the microscope. The DOL found [...]

27 05, 2016

Does New Overtime Rule Impact You? What Workers Need to Know

By | 2016-05-27T16:33:51+00:00 May 27th, 2016|Overtime Class Actions, Wage Theft & Unpaid Wages|0 Comments

4.2 million more people may qualify for overtime The Department of Labor (DOL) may be giving millions of workers an early holiday gift this year. As of December 1st, the agency’s new rule on overtime goes into effect. However, while the DOL states that approximately 4.2 million people may be newly eligible for overtime thanks to the DOL’s rule change, not all of those people are likely to get it. As with any government policy, this rule requires an in-depth look. While hopefully many companies will comply with the spirit of the law – that is, to fairly compensate workers for their time – there will certainly be some employers who will attempt to find ways to shortchange their employees. That’s why it wise to know what the law says, and how it may affect you. Rule Does Not Apply to Everyone The first thing to know is that this rule change does not apply to non-exempt workers, who are most commonly paid on an hourly basis and already qualify for overtime compensation. Rather, this rule impacts workers who currently meet all the requirements to be classified as an exempt executive, administrative, professional, or computer employee (sometimes referred to as [...]

4 08, 2015

Millions More Workers May Be Eligible for Overtime; Are You One of Them?

By | 2016-01-22T15:07:55+00:00 August 4th, 2015|Overtime Class Actions|0 Comments

New proposed federal OT regulations make it harder for employers to game the system Good news for American workers: It may soon be easier for certain salaried employees to get overtime. In fact, starting in 2016, about five million more workers may be able to avoid the executive, administrative, and professional exemptions from overtime (the main so-called “white collar” exemptions), according to the Department of Labor (DOL). We’ll talk about who might be getting a better payday in just a minute. But first let’s acknowledge that these changes were a long time coming. Outdated Regulations Why are these changes a good thing? It’s simple. The DOL has not been regularly re-adjusting overtime regulations to keep pace with inflation. That means that with every cost-of-living increase, more workers have been shortchanged. The numbers tell the story. Under the current system: Once a salaried worker whose job duties meet certain requirements makes more than $455 per week, he or she is no longer eligible for overtime. If you do the math, you see that $455 per week equals an annual salary of $23,660 per year. The federal poverty line for a family of four is $24,250. […]