Overtime and Minimum Wage Violations

Far too often, employers fail to pay their employees proper overtime.  Sometimes they don’t even pay minimum wage.

Employers often misclassify employees and tell the employees they are “exempt” and not entitled to overtime. Whether an employee is exempt from overtime requirements turns on a technical analysis of the law and the job duties performed by the employee.  The mere fact that the employee is paid a salary does not automatically result in overtime exemption.

Sometimes, people are classified incorrectly as “independent contractors” instead of employees. This too allows employers to deprive employees of their rightful overtime. Whether a person is correctly classified as an independent contractor or an employee turns on a technical analysis of the law, the duties performed, and the degree of company control exercised over the work.

Employers may require employees to work off-the-clock and don’t pay them for all work performed before clocking in or after clocking out. Some employers automatically deduct for lunch or other breaks even though the employee did not actually get to take a break.  These actions can violate the law.

If you think you have not been paid correctly for all of your work, contact the attorneys at Johnston Tobey Baruch for an evaluation of your claims by clicking the Tell Us About Your Case button and selecting the Employment Law option.


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