Despite federal and state laws that establish employee’s legal rights, workers collectively miss out on billions of dollars in compensation annually because they do not know these laws. As unpaid overtime lawyers in Tampa, we realize that there are several tactics employers use that result in their workers losing wages. In this article, we will cover five ways workers miss out on the compensation they deserve.
They Give You a Base Salary
Many workers earn a full-time salary that is near the minimum wage. Since they are pleased to have the work, they do not realize they should be compensated for overtime hours as well. Even though you have worked additional hours, you may not be earning minimum wage by the end of the week.
Require Remote Tasks
“Business needs” may require tasks to be performed outside the office. For example, if an employer requires an employee to check their email, monitor the company’s social media pages, or correspond with clients from home, these are all examples of time that should be compensated for.
After Hours Work
Similarly, an employee may be required to perform tasks after their shift ends. For example, in the foodservice industry, a worker may be instructed to clean the restaurant or bathrooms after their shift ends. In an office job, an employee may need to organize their desk space or download a new program onto their desktop at the end of the day. This time should be compensated for as well.
Special Events or Lunch Breaks
Although there is no specific federal or state law pertaining to break allowances, when you are required to work through a meal break, this is time worked. Similarly, an employer may require their employees to take courses to further their skillset, provide them with safety training or workplace policies, or perhaps they are required to attend a mandatory event. These are all examples of time that should be considered “on the clock” that you should be paid for.
If you are a tipped employee, the tipped compensation you receive for your service belongs to you. There are a few exceptions like a tip pool or tip credit that can be applied under the right circumstances; however, the employer may want you to share this compensation with other employees not classified as tipped workers. This is a violation of wage and hour laws established by the U.S. Department of Labor (DOL).
If you are owed additional compensation, it’s important to record the weekly hours you worked, keep any documents relevant to this work, and contact an unpaid overtime lawyer in Tampa for legal advice.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.