Employers Not Paying Overtime or Break Time
The action’s of the employer that does not pay overtime or mandated break time is illegal. Employers save money when they do not allow employees to take breaks that are mandated by law or do not pay for extra hours of work.
Unpaid Overtime is a Illegal
Unpaid overtime is illegal and if the employer or company is being unfair to an employee, often they are doing it to many employees. It can be almost impossible for one employee to stand up against the employer and the company’s attorneys.
The one way the employee that is not being paid overtime can fight the unfair practice, is by becoming a part of a class action lawsuit, with an experienced employment law attorney.
There are some common tactics the employer uses when avoiding paying overtime or break time and these include:
• Working with no breaks is a way for the employer to save money, but is often against the state and federal laws. When you work a certain number of hours you are entitled to rest breaks and lunch breaks and if the employer is not allowing these it is illegal.
• Missing hours of pay, which is an hour here and there to do a task it might not seem like a lot of money to the employee, but to the employer that has many employees working without an hour’s pay, it saves them money. For the employee the number of hours does add up and can total a large amount of money.
• Working off the clock is another employer tactic to save money, this is often the employee that is required to come in early to setup for the day’s work, without pay or the employee that is required to stay late to clean up without pay. This is referred to as off the clock work and it is an illegal tactic on the employer’s part.
• Overtime work by managers that are paid salaries cannot expect to be paid overtime. One of the tactics that employers and companies use is to promote employees to management so they can pay them a straight salary and not give them the authority a management position should have. Misclassifying the employee as a manager means they are working overtime unpaid.
It is the law that employers must keep time records and the time records can be evidence that is important in a class action lawsuit to show the employer ignored the law and the employee’s rights. When you are being treated unfairly by not getting breaks or overtime pay contact Ehline Law, it is likely you are not the only employee that this has happened too.