Wage & Hour Violations
Issues regarding overtime pay that frequently lead to litigation or Department of Labor audits include:
- Is an employee exempt from overtime because she is an executive, administrative or professional employee
- Was the employee paid on an hourly basis or salary
- How is the employee’s regular rate of pay calculated
- Is an employee entitled to pay for on-call status, sleeping time, attending meetings, seminars or training, travel time
- Is an employee entitled to overtime pay at 1-1/2 times his regular rate where he works a fluctuating workweek
- Is overtime pay required where the employee travels in interstate commence
- Is the independent contractor really an employee
Most employers do not know all of the regulations that apply to these issues. The lawyers at Devine Law Offices know the statutes and the regulations and can quickly answer any issue in this area or defend employers if lawsuits arise.
Our lawyers have defended claims to verdicts and when appropriate, settle claims efficiently and inexpensively. In one case, we were successful in reducing overtime claims from $55,000.00 to $8,000.00.
If employers are unsure whether an employee qualifies for one of the many exceptions to the overtime requirements, we can:
- Review the job description and evaluate the accuracy of the description and determine whether the position is exempt.
- Advise how to change the job duties or method of compensation to qualify for the exemption