Memphis Wage and Hour Attorneys
Many employees believe their employers alone dictate how they are compensated. In fact, employers are legally required to adhere to certain guidelines set forth by federal law.
If your employer fails to appropriately compensate you for the hours you have worked, it could be because your employer is unaware of these laws or is purposely underpaying you to cut costs. In either instance, your employer is acting unlawfully and can face severe consequences for violating wage and hour laws.
All employees, regardless of job title, are entitled to certain wages by law – the money is yours. When an employer does not pay you this money, it is known as wage theft. A wage and hour lawyer who has experience with cases in Memphis could be an advocate for you. The Employment and Commerce Law Group has represented many workers in Memphis, Tennessee to recover the wages they are owed by their employers.
Coverage under the Fair Labor Standards Act
Most wage and hour claims develop when employers fail to follow the Fair Labor Standards Act (FLSA). This is the federal law that ensures workers receive a minimum wage and, in most cases, overtime as well.
For overtime purposes, employees are categorized as either exempt or nonexempt under this law. Since most workers are nonexempt, the majority of employees in Memphis are entitled to overtime. Every worker, no matter how they are categorized, is entitled to minimum wage.
The federal minimum wage is currently $7.25 per hour. Every employee in Memphis, Tennessee, and everywhere else in the United States is entitled to at least this rate of pay. If your employer has failed to pay you this amount, contact a wage and hour attorney in Memphis.
Under the FLSA, nonexempt employees are entitled to receive overtime compensation for working in excess of forty hours in a work week. All hours worked over this forty-hour threshold should be paid at a rate of one and a half times the employee’s regular rate of pay.
Many employers attempt to deny overtime to employees who have done work off the clock. Working off the clock or before or after your scheduled shift, does not negate your right to overtime.
Other common overtime violations occur when employers deny overtime to employees who are paid a salary or receive commissions. The fact that an employee receives a salary or commission alone does not mean they are exempt. An employee’s job duties and salary level will most often determine if they are exempt.
Independent Contractor Misclassification
Many workers are wrongly classified as independent contractors. Employers also will attempt to categorize employees as independent contractors to avoid paying overtime compensation.
An employer must be able to prove that an employee is an independent contractor but it is difficult for them to do so. An employer cannot just decide your job status for FLSA purposes, this is a matter for the Department of Labor or a court to decide.
The distinction between exempt and nonexempt employees depends on many factors. Experienced wage theft lawyers could help determine if a worker is properly classified in their position.
Wage and Hour Violations
Wage and hour attorneys in Memphis handle cases where employers are liable for:
- Minimum wage violations
- Overtime violations
- Not compensating for off the clock work (including meal breaks where the employee is actually working)
- Misclassifying employees
- Any other case involving wage theft
These violations impact all types of employees in Memphis, as well as all throughout Tennessee. Recovery for wage theft has been made previously for employees who are involved with a variety of industries, including healthcare workers, IT workers, tipped workers, and many others.
Whether an employee has been a victim of “wage theft” is a complicated question and an experienced wage and hour attorney should be consulted if you think you are owed monies.
Contact a Memphis Wage and Hour Attorney Today
Do not let your employer take advantage of you. If you would like to speak with a Memphis wage and hour lawyer to discuss a potential claim, please do not hesitate to call today for a complimentary initial consultation.