Hourly Employees (Working off the Clock/Wait Time/Travel Time)
Under the law, employees paid by the hour must be paid at least minimum wage for ALL hours worked up to 40 hours per week. For all hours over 40 in a week, you must be paid time and a half. For example, if you work 45 hours in a week, you must be paid at least $7.25 for hours 1-40 and $10.87 for hours 41-45.
To save on costs, employers may only pay "straight time" for hours over 40 hours in a week so instead of getting $10.87 per hour, you only get $7.25 per hour or your employer may require employees to work "off the clock" in order to protect their bottom line and avoid paying overtime. Employers may require you to arrive early and work before you clock in or work after you clock out. Employers may even change your time sheets to show you only worked 40 hours when you really worked more. This is not only wrong, it's illegal.You Could Be Entitled To a Lot of Damages
Why not take a few minutes to call Martin at (404) 831-8721 to see if you are entitled to thousands or even tens of thousands of dollars. In fact, if you are successful, you will be entitled to not only your unpaid overtime but also "double damages." In other words, the court will DOUBLE what you are owed.
Speak with an attorney within minutes. Is your employer denying you overtime pay? If it's not right, you have to fight! For a free initial consultation with a lawyer, please call us at (404) 831-8721 and speak with an attorney within minutes.Working Off the Clock
For nonexempt or hourly employees, the rule is simple: If you're working, you should be on the clock and getting paid. Your employer cannot require you to perform work duties while off the clock or retaliate against you for not agreeing to work off the clock. Times where employers commonly try to get employees to work off the clock are:
- During meal periods
- Immediately before or after a scheduled shift
- During staff meetings and training sessions
Much like forcing employees to work off the clock, it is illegal for employers to require their employees to travel off the clock during their shift or wait at the job site before their shift starts. For example, an employer cannot require employees to be at the job site at 5 a.m. when their paid shift does not start until 7 a.m. or, if equipment has to be shut down regularly in a factory, an employer cannot force employees to wait —unpaid— until the equipment is fixed.If It's Not Right, You Have to Fight!
If you think your employer may be violating the Fair Labor Standards Act (FLSA) by not paying you for the work you perform, you need to talk to a lawyer. Contact us today at (404) 831-8721 for a free consultation.