Employment Lawyers Handling Overtime and Other Wage and Hour Law Violations
Claims for unpaid overtime and other wage and hour law violations are among the most prevalent types of employment law claims made in recent years. Starzyk & Associates represents both companies and individuals in administrative (Department of Labor) investigations, lawsuits (both individual and collective/class actions), and as compliance legal counsel in overtime and other wage and hour law matters under the federal Fair Labor Standards Act ("FLSA") and any applicable state wage and hour laws. We have an experienced team of lawyers in this area and have worked on several large collective/class actions under the FLSA. Please see our FAQ tab for greater clarity on many of our most common issues.
Ten Common Myths about the Wage and Hour Laws
- Paying a person a "salary" means that they are necessarily exempt from the overtime pay requirements;
- Classifying a person as an "independent contractor" means that they are never covered by the federal or state overtime and minimum wage requirements;
- Giving a person a "supervisor" or "manager" title, or some sporadic managerial responsibilities, means that they are necessarily exempt from the overtime pay requirements;
- Premium pay does not have to be paid for overtime work that was not approved in advance;
- A private sector employer may offer "comp time" in lieu of overtime pay;
- All sales employees, including inside sales employees and any sales employees who are paid a commission, are necessarily exempt from the overtime pay requirements;
- Overtime premiums do not have to be paid on commission or bonus earnings;
- All IT or computer-related workers are necessarily exempt from the overtime pay requirements;
- Employees do not have to be paid for their "working" lunches; and
- Employees do not have to be paid for their initial or "end of the day" related job functions.