UNPAID WAGES & OVERTIME
Overtime
A section of the Fair Labor Standards Act gives every employee all over Houston, Texas and the entire United States the right to collect overtime pay. There are certain circumstances where exemptions come into play in regards to overtime pay. Under certain exemptions, employers are not required to pay overtime. There are a number of professions and particular positions that are required to receive overtime pay according to the overtime laws that are in place. Employees in professional jobs and administrative or executive positions are usually exempt from the FLSA’s requirements.
There are special requirements for each field, which have to be met first before a worker can receive exemption from any overtime pay. For example, wage and hour cases often turn on the issue of whether an employer is, or is not, entitled to claim an exemption from overtime pay requirements and the burden of proof to establish entitlement to FLSA exemptions falls squarely on the shoulders of the employer, not the employee. Moreover, FLSA exemptions are narrowly construed against employers and only apply to those employees who fit plainly and unmistakably within their terms and spirit. Therefore, when a claimed exemption is at issue and the employer is unable to meet the burden of proving entitlement to that exemption, the employer loses the liability portion of the case. For this reason, as radical as it may seem, it is not uncommon for employers to misclassify employees as exempt from overtime when the employee is not exempt.
If you want to recover all that overtime money that you lost, it is time that you Prasla Law Firm. We can assist you in determining if you qualify for overtime pay or not.
Various issues play a significant role when trying to establish whether you qualify for overtime pay or not. It is often difficult to establish your true exemption status, because the various responsibilities at your work consist of both non-exempt and exempt responsibilities. If you spend 50% of your work time on the completion of exempted responsibilities, you qualify for overtime pay exemption. To avoid financial suffering and any extra conflict for employees the employer has to make sure that the accurate status of each employee is constantly updated.
We are Houston, Texas overtime lawyers and we can assist you with all the legal issues surrounding overtime pay, when you are ready to fight back. Prasla Law Firm the litigation experience when it comes to overtime claims. We will take care of all the problems you may be experiencing in regards to overtime payments that are outstanding from your employer. We know everything there is to know with reference to the appropriate overtime laws, and we will chase your lost wages and successfully recover them.
If you are wrongfully exempted from being paid for overtime, Prasla Law Firm will assist you to recover of all your lost money.
Back to top
Salaried Employees
Salaried Vs. Hourly: The Variation in Pay & time
The benefits offered to salaried employees vs. those offered to hourly differ depending on the company and position. Generally speaking, a salaried employee enjoys more flexibility within an average work week and a higher base pay than employees who work hourly. Salaried employees, being protected by a base salary as opposed to working a normal time clock, can shift their schedules around to meet personal needs more easily than hourly employees can. The downside to being salaried is that employees often work a minimum of 40 hours per week, as opposed to an hourly employee whose work week usually ends at 40 hours. Salaried employees often do not receive the benefit of overtime like hourly employees do. Hourly employees may work only 40 hours per week, but if they work overtime, they can be compensated at a higher pay. Salaried employees often do not have this option, as laws mandating overtime are not applicable to salaried employees.
However, the laws governing overtime may not prohibit a salaried employee from receiving their due overtime pay. There are a variety of factors which determine whether a salaried employee should receive overtime pay according to the Fair Labor Standards Act, including the employee’s yearly salary, his or her job duties and responsibilities, and how the employee is regularly compensated.
Overtime Compensation & Benefits
Being salaried does not necessarily exclude you from receiving your due overtime pays. If you are a salaried employee and feel that your overtime is being unjustly denied, then a competent Texas attorney specializing in overtime compensation would be more than happy to sit down with you and review the facts of your situation. Our Firm has the right knowledge and ability to help salaried employees recover the appropriate overtime compensation. We can provide excellent legal counsel and help recover the funds owed to you by your employer. Federal law outlines that even salaried employees may be eligible for overtime compensation. Don’t let your rights be ignored. Contact us today to get the process started.
Back to top
Mischaracterizing Employees
The Stigma Associated with Independent Contracting
Regular, hourly employees enjoy a variety of benefits, such as paid medical leave and insurance coverage that contracted (or 1099) employees do not enjoy. And while independent contractors may appreciate other benefits, like not having taxes withheld from their paychecks and being able to set a more flexible work week, 1099 employees also suffer from a lack of the same benefits afforded to regular employees in terms of safety and reliability. Both types of employees, regular and contracted, are hired to accomplish the same work; yet 1099 employees fail to receive the same benefits and protection of regular employees.
As a result, a company that misclassifies its employees can cause irreparable damage to an employee’s career and life. Independent contractors can be terminated without being given notice. They also miss out on health insurance and benefits allocated to regular employees. When a breakdown within the company occurs, independent contractors usually suffer first, and for this reason, employees should pay close attention to how they are classified within the workplace. An incorrect characterization of an employee’s status can lead to financial ruin and much worse. Hourly employees enjoy security, knowing they have a safety net into which they can fall if necessary. Independent contractors have no such net. Isn’t it time you made sure that your position is secured?
Back to top
|
