OVERTIME,PAY,VIOLATIONS,TheFai law OVERTIME PAY VIOLATIONS
Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi
TheFair labor Standards Act (FLSA) generally requires most employers topay their employees time and one-half (1 ½ ) their regular hourlyrate of pay for working more than forty (40) hours in a workweek. Such compensable work time may include forced, mandatory overtime aswell as "off the clock" work. Even if an employer has awritten policy prohibiting overtime, the employer may be required topay for overtime worked if that policy was not enforced or if theemployee was otherwise permitted to perform the work. Thereare many schemes employers use to avoid paying their employeesovertime.Some employers require or permit employees to work off-the-clockby having employees perform certain tasks before clocking in or aftertheir shift is over. Another trick many employers use is theyautomatically deduct for meal periods, but do not completely relievetheir employees of their work duties. These improper automaticdeductions are common in the healthcare industry where nurses areoften responsible for their patients and subject to recall duringtheir meal periods. Some employers illegally deduct pay for shortbreaks. Thelaw, however, usually requires employers to pay their employees forbreaks that last only five (5) to twenty (20) minutes. Otheremployers make their workers sign independent contractor agreementseven though the worker is not really in business for himself. Theactual working relationship, not a piece a paper, determines whethera worker is an employee. In general, an independent contractor worksfor more than one company at a time and controls his own work. Oneof the most common wage violations is when anemployertriesto avoid paying overtime by simply paying a salary to employees whoare not exempt from the requirement that they be paid overtime. Ingeneral, executive level employees, administrative employees andprofessional employees are exempt from the overtime requirements. Some employers will give an employee a fancy title, but it is theactual duties the employee performs, not the job title, thatdetermine whether an employee is entitled to overtime pay. Forexample, even if an employer creates a job title of "assistantmanager" and pays that employee a salary, if the employee doesnot really manage anything or supervise anyone, he probably should bepaid on by the hour and be entitled to overtime pay. Anotherway employers commit wage theft is by misusing the tip creditin the restaurant industry. In certain situations, restaurants whoemploy wait staff can pay their wait staff $3.02 less than theminimum wage for hours worked where the employee receives tips. That$3.02 is sometimes called a tip credit. To be able to pay itsemployees below the minimum wage using the tip credit, anemployer must first meet certain rules. If the employer does notcomply with these rules, the tip credit is invalid and you maybe entitled to the $3.02 deducted from your pay for each hour youworked. One common way the tip credit can become invalid is when anemployer requires its employees to share their tips with employeeswho do not customarily receive tips, such as the restaurant manager,dishwasher, or chef. Such an improper tip pool can invalidate thetip credit. Another violation is when restaurant employers requiretheir tipped employees to work only for tips. Bober & Bober,P.A. has handled many cases involving the restaurant industry. Evencustomarily tippedemployeeswaiters,waitresses, bartenders, busboys, food runnersare entitled to legalprotection.
OVERTIME,PAY,VIOLATIONS,TheFai