The Law Office of Robert J. Hunt, LLC is investigating wage and hour practices that violate federal and state overtime and minimum wage laws. If you have been subjected to any of the illegal payment practices described below, contact us now.
Our investigations include the following:
Independent Contractor Misclassification
Employers throughout the United States incorrectly and unlawfully misclassify employees as “independent contractors.” Even if your employer issues you IRS Form 1099 or does not withhold payroll taxes from your paychecks, it does not mean that you are an independent contractor. Misclassification of employees as independent contractors is common in industries such as cable television and satellite television installation, construction, technology and janitorial services.
If you currently are classified as an independent contractor, please contact The Law Office of Robert J. Hunt, LLC to discuss whether you are entitled to overtime, unpaid wages and other compensation.
Restaurant and Tipped Employees
Employees who regularly receive tips as part of their compensation are subject to special rules and regulations under federal and state law. Many restaurants and other employers ignore or purposefully violate these laws, which results in lost wages for tipped employees. The following is a list of common wage and hour violations suffered by tipped employees:
- You are required to participate in a tip pool or required to share tips with supervisors, managers, or other employees who do not receive tips (such as chefs, cooks, dish washers, expediters, salad preparers, and service bar employees);
- You are paid of tip credit hourly rate ($2.13 per hour) for all working hours, but required to spend more than 20% of your working hours performing non-tipped work performing job duties such as attending meetings, washing dishes, cleaning, set-up, tear-down, or other duties that do not produce tips;
- Your employer charges you or makes wage deductions for shortages, breakage, walk-outs or other losses;
- Your employer deducts excessive amounts from your tips to cover credit card charges; and/or
- You are not permitted to keep your tips.
If you currently work as a tipped employee and have questions regarding how you are paid, contact The Law Office of Robert J. Hunt, LLC.
Call Center Employees
Call center employers are notorious for violating wage and hour laws. Call center workers often are not paid for all of the hours they work. Many call centers have precise time-keeping systems that round employee time up to the start of a shift and back down to the end of the shift, thus robbing the employee of minutes worked each day. Many call centers require employees to report to work 10 -15 minutes before the start of each shift so that computers can be booted-up and the employee can begin handling calls at the start of the shift. Some call centers do not pay employees for the time they spend taking breaks, while other call centers do not pay employees for the time they spend finishing calls at the end of shifts. In addition to time keeping violations, many call center employees’ pay commissions but do not include this additional compensation when calculating employee overtime.
If you work in a call center, contact The Law Office of Robert J. Hunt, LLC to discuss how you are paid and whether you are owed additional compensation.
Computer / IT Employees
Most computer/IT employees are entitled to overtime pay. Many employers, however, treat their computer employees as exempt from overtime pay. Even if you are paid a salary, that does not necessarily mean you are exempt. To be exempt from overtime as a computer/IT employee, you must: (1) be paid a salary of at least $455 per week or be paid at least $23.63 per hour, and (2) you must work as a software engineer, systems analyst, computer programmer, or some other similar job.
If you work as a computer/IT employee and believe you are entitled to overtime pay, contact The Law Office of Robert J. Hunt, LLC.
Underwriters and Loan Processors
Underwriters and loan processors who work for financial institutions are often illegally denied overtime pay. Whether you are paid straight commission, an hourly rate or salary is not determinative of whether you are owed overtime compensation.
If you work or have worked as an underwriter or loan officer for a financial institution, please call The Law Office of Robert J. Hunt, LLC for a free, confidential evaluation of your employer’s pay practices.
Temporary employees are entitled to overtime pay for hours worked in excess of forty in a workweek. It does not matter that you may have been assigned to different jobs or companies during the workweek. If your hours exceed forty in a workweek, you are entitled to overtime pay. Some temporary companies underpay temporary workers by not paying for all hours worked.
Temporary workers are also subject to payroll deductions for background checks, drug screening, transportation costs, and safety and equipment rentals. Many states prohibit or limit these types of deductions.
If you are a temporary worker who is not paid overtime or for all hours worked, or if your paycheck is subjected to improper deductions, contact The Law Office of Robert J. Hunt, LLC to discuss whether you are entitled to compensation.
Employees Who Are Paid Commissions and Production Bonuses
The FLSA requires employers to pay overtime based upon an employee’s regular rate of pay. The regular rate of pay includes all pay received by the employee, including commissions and production bonuses. Even if you are paid an hourly rate and your commission or bonus is deferred on a monthly, quarterly or other basis, your employer is required to recalculate your overtime and pay you additional overtime compensation when the bonus or commission is paid.
If you work overtime and are paid additional compensation in the form of commissions or production bonuses, contact The Law Office of Robert J. Hunt, LLC to determine whether your employer is properly calculating your overtime pay.
Assistant Managers/ Shift Supervisors
Many employers refuse to pay employees overtime pay because they are provided with job titles that include the terms “manager” or “supervisor.” Under the FLSA, to be exempt from overtime as a “manager” or “supervisor,” your primary job duty must be the supervision of 2 or more employees. In addition, you must be paid a minimum salary of $455 per week.
If you are an assistant manager or shift supervisor and you spend the majority of your working hours performing the same job duties as the employees you supervise, you may be entitled to overtime pay. Contact The Law Office of Robert J. Hunt, LLC to discuss whether your employer has classified you correctly as an exempt employee.