Wage and Hour
Some people think employees only have legal rights when they suffer physical injuries in the workplace and can file a workers’ compensation claim. However, every day, employers across the country require their employees to work off the clock, below minimum wage, or without receiving proper overtime compensation. Some businesses intentionally place profits over people, while others simply do not know the law. If your employer refuses to pay you minimum wage, makes you perform work without compensation, or fails to pay proper overtime for working more than 40 hours per week, call Nahon, Saharovich & Trotz for a free consultation. Our Memphis wage and hour lawyers understand the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) and are dedicated to helping workers’ recover wages to which they are rightfully owed. We are the largest plaintiff’s personal injury law firm in Tennessee, having recovered over $1 billion in compensation for our clients in over 30 years in practice.Common Wage and Hour Violations
The Wage and Hour Division of the United States Department of Labor administers the wage, hour, and child labor provisions of the FLSA to ensure covered employees are paid properly and not unfairly taken advantage of. The FLSA was enacted in 1938 to establish a federal minimum wage, overtime pay, and proper record keeping standards concerning employees in the private sector and federal, state, and local governments.
Federal minimum wage is $7.25 per hour, although individual states can set their minimum wage at a higher hourly rate should they so choose. Regarding overtime, covered nonexempt employees are entitled to pay at “one and one-half times the regular rate of pay” for hours worked over 40 in a given workweek. Wage and hour violations usually affect retail workers, tipped employees (waiters, bartenders, busboys, etc.), IT workers, healthcare workers, and nurses.
Common wage and hour violations include the following:
- Paying employees less than minimum wage
- Docking pay for unauthorized overtime
- Making employees work “off the clock” (including training, working from home, and working through meals)
- Not paying for certain preparatory or post-work activities
- Failing to accurately record time worked
- Misclassifying a worker as an “independent contractor” instead of an “employee”
- Tip pooling
Not all employees are entitled to the FLSA’s minimum wage and overtime protection. Certain employees will be disqualified based on salary, while others are exempt based on the nature of their job and responsibilities. A wage and hour attorney can advise Memphis employees on whether they may be exempt. Exempt categories typically include:
- Executives: The employee’s primary duties must include managing the business, directing work of at least two or more employees, and being able to hire and fire employees.
- Administrators: The employee’s primary duty is performance of office or non-manual work directly related to the management or general business operations of the employer. The employee also can exercise use of discretion and independent judgment with respect to matters of significance.
- Professionals: The employee’s primary duty must be the performance of work requiring advanced knowledge in areas predominately intellectual in character which requires the use of consistent exercise and judgment. The advanced knowledge must be in a field of science or learning and acquired through a prolonged course of learning, typically encompassing those with advanced degrees or training.
- Computer employees: The employee will likely be employed as a computer system analyst, computer programmer, or software engineer.
If your employer blatantly disregarded FLSA violations or erroneously misclassified you as an exempt employee, you may be eligible to file suit to recover unpaid back wages (liquidated damages). These cases often end up being tried in federal court, with some rising to the level of a collective action or class action. In a case against a current or previous employer, your records will often be compared to the company’s bookkeeping records, which means you should do everything possible to hold onto paystubs and bank statements that can help prove your case. With the slight distinctions between exempt and nonexempt employees, it is important to contact a wage and hour lawyer in the Memphis area who can evaluate your position and determine if you are eligible for damages under the FLSA.Call Our Memphis Wage and Hour Attorneys Today for a Free Consultation
Thousands of people across the country are working right now without getting properly compensated for overtime hours and work performed off the clock. Employment law is an ever-changing field, with federal courts, including the Supreme Court of the United States, issuing new opinions year-round that affect employee pay. If you were forced to work below minimum wage or not paid proper overtime, call Nahon, Saharovich & Trotz immediately so that we can discuss your claim today. In addition to wage and hour, we serve injured workers in a variety of areas, including workers’ compensation and construction site accidents, across Tennessee, Arkansas, Mississippi, Kentucky, and Missouri, including in Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office by calling 800-529-4004 or by completing our online form to set up a free consultation. Let us put our resources to work for you and show you why NST is the way to go.