Are you at an at-risk company?
At the very least, employees have the right to expect their employer to pay them the correct wages that they have worked so hard to earn. In fact, the Fair Labor Standards Act outlines this expectation and other standards that employers must follow in addition to paying a minimum wage, chief among them is outlining the rules for overtime pay. Unless exempted from overtime, people who work more than 40 hours in a week are entitled to a pay rate of one and a half times their normal rate.
However, there are many employers who refuse to pay employees for overtime through a variety of methods such as misclassifying their workers as exempt or simply not paying the higher overtime rate after an employee has hit 40 hours in a week. If you suspect your employer is withholding pay that you’ve earned, you may be able to reclaim the pay you’re owed. Contact the Houston wage claim attorneys of Williams Kherkher at (888) 262-9002 to learn more.
Commonly discovered wage violations
Overtime violations happen to be more prevalent in some industries than others. Below we’ve outlined some of the industries we believe are more at risk for overtime pay violations.
Oilfield work is notorious for its long hours and big money. However, it is not uncommon for roughnecks and other people on the rig and in support roles to be underpaid for their difficult work. Overtime violations are a big issue within the oil industry. Many people are complacent with it or don’t realize it because they’re making more money than they ever have in their lives, but these violations could amount to a lot of money left on the table. Learn more about how oilfield workers are at risk for FLSA violations here.
Hospital work can be rewarding, both financially and emotionally. However, medical workers are sometimes not paid for all of the time they spend on the clock. There are circumstances under which they should be paid for time spent on call, for example. Long hours call for overtime pay, but sometimes this premium rate is not paid to people who have put in the time to deserve it. The medical profession sometimes misclassifies workers as independent contractors rather than employees. This misclassification allows them to not pay overtime to the individuals who have fallen under it. Further medical FLSA violation information can be found here.
The paralegal profession can have rather confusing overtime rules. In 2004, the FLSA rules regarding white collar work overtime exemptions were altered. When drafting these updated regulations, the Department of Labor included a section specifically for paralegals. It classifies paralegals as non-exempt from overtime pay in most cases. There are particular instances in which a paralegal may actually be exempt from receiving overtime, but those circumstances are relatively uncommon. If you are a paralegal and want to know whether you’re exempt from overtime pay or not, click here.
While these industries are generally more likely than others to misclassify employees or fail to pay overtime, they are certainly not the only ones. If your industry or job category was not listed, you may still be dealing with unpaid wages. Talk to a lawyer to learn more.
Contact a Houston FLSA Wage Claim Attorney
If your job is not paying you the wages you’ve earned, you may be able to file a FLSA claim against your employer. To learn more about holding your employer accountable for unpaid overtime, contact the Houston FLSA attorneys of Williams Kherkher at (888) 262-9002.