- Legal Services
Nashville wage and hour issues often refer to issues with overtime, minimum wage, and regulations that a state has regarding overtime and minimum wage. Wage and hour cases and claims involve a person being paid properly.
In these cases, it is about ensuring the person is paid for every hour they work and receives the proper amount of pay for each one of those hours. That includes overtime and minimum wage. If you are not being paid for your overtime, or are experiencing other wage and hour issues, consult a determined wage and hour lawyer that can advocate for you.
Many people work through lunch, for example, and automatically get clocked out every single day. That is an example of a time the person worked that they were not paid for.
Many times these situations are known as wage theft because the person is not being paid wages that are theirs by law. The employer keeps it, so that is theft. That is where the term wage theft comes from. An attorney could work with an employee to help them secure the wages they are owed.
The FLSA is one of the most violated statutes because employers do not want to pay overtime. When a corporation wants to save money, one of the first things they look at is how to save money on the compensation they pay to their employees.
It is a big issue because so many companies try to skirt their requirements under the law. They tell an employee that they are misinformed and do not qualify for overtime. The person is on salary and therefore, they do not get overtime. Or the person is an independent contractor and is not entitled to overtime.
Misclassification is one of the big Nashville wage and hour issues. Companies tell their employees they are exempt when they are not because they receive a salary. The employer tells the employee that they are not entitled to overtime because they get a salary and that is not true.
For example, sometimes a fast food place categorizes every single person working there as an assistant manager, pays them an extra $100 a week, and has them work 60 to 70 hours a week. The employees provide work and are entitled to overtime because they are not really management.
One of the things that can lead to Nashville wage and hour issues is the perpetuation of certain misconceptions. For example, when an employer calls a person who works for them an independent contractor.
The employer believes that because they pay the person by the week, they are an independent contractor. The employer can be in tax trouble too but, if they are directing a person’s work and are telling a person what to do, most likely they are the person’s employer and the person may be entitled to overtime.
Missed meals and breaks are also included in wage and hour issues. An employer may automatically clock a person out whether the person takes the time off for a meal. A person who eats their lunch at their desk is working through lunch and should be compensated by their employer for that.
As with most of those things in law, there is not one rule as to who gets overtime, or who does not get overtime. The issue is usually fact specific, so a person needs to contact a wage/hour lawyer because there are many nuances to look at when determining if a person is being shorted on their overtime or minimum wage.
There are some exceptions that need to be considered such as truck drivers, who at times are exempt. Sometimes seasonal employment is exempt. A person needs to talk to a lawyer because there are so many different exemptions that could apply to their specific situation.
A lawyer who has experience with Nashville wage and hour issues can look into your current employment situation and can tell you whether they believe that you are entitled to overtime. Based on your estimates of how much is going on, the lawyer can attempt to determine what you are entitled to. You may be entitled to liquidated damages, attorney fee provisions, and other compensation. The lawyer can attempt to make sure that you receive all of the money you are entitled to under the law, in addition to payment for the lawyer’s fees