Number Of Wage And Hour Claims Increasing
In 2011 nearly 7 out of 10 employment lawsuits arose out of a wage and hour dispute, making overtime and wage issues one of the fastest growing areas of employment law.
A key dispute in wage and hour claims deals with a worker’s classification – whether an individual is considered an independent contractor and if an employee if he or she is exempt v. non-exempt.
In most cases, if an individual is an independent contractor, he or she is not entitled to overtime compensation. Under Federal labor law, the Fair Labor Standards Act (FLSA) – all workers are entitled to minimum wage and all non-exempt employees are entitled to overtime at a rate of one and one-half their hourly rate for every hour worked over 40 in a workweek. As a result, employers may avoid paying overtime to those workers designated as “independent contractors” or “exempt.” Unfortunately, whether intentionally or inadvertently, workers may be unfairly denied all the compensation they are entitled to as the result of a misclassification.
If you have questions concerning your classification, and whether you should be receiving more pay, including overtime wages, it is important to speak with an experienced Georgia wage and hour attorney. Questions concerning classification may be complex, and a knowledgeable overtime attorney can help provide you guidance concerning your next steps.
In fact, many employers may become confused as well concerning pay. News reports that just this past week a large bedding retailer, Mattress Direct, was ordered to pay back wages after it was determined they violated the FLSA. According to reports, in certain situations sales associates paid on commission failed to receive minimum wage and were paid “straight time” for all hours worked rather than 1 ½ times their regular rate of pay for hours worked beyond 40 in a work week.
As a result, the bedding company must pay the current and former employees back wages totaling $40,000.
If you have questions concerning your wages, or believe you have been denied all the compensation you are entitled to, please contact the dedicated Atlanta wage and hour lawyers at Buckley & Klein for a confidential consultation.
