Unpaid Overtime Case in Nashville, TN
Employers are legally obligated to ensure workers are compensated fully for the hours they work. But unfortunately, employers do not always follow the law. In Tennessee, workers who are denied overtime wages that they have rightfully earned can take action against their employers to recover back pay.
Sometimes employers intentionally misrepresent their workers’ labor to deny overtime pay. A knowledgeable wage and hour lawyer can help employees recover the money they are owed.
Our attorneys focus exclusively on protecting the rights of employees just like you. To learn more about how we can help, call or contact us online for a free consultation.
How Does Overtime Work?
In the United States, employees covered under the Fair Labor Standards Act (FLSA) are eligible for overtime pay when they work more than 40 hours in one week.
The FLSA mandates that eligible workers should receive “time and a half,” for each hour they work beyond the standard 40-hour workweek. Almost every employer is required to abide by FLSA rules with only a few exceptions. There are some employees who may be exempt from overtime pay. However, just because you receive a salary does not mean that overtime is out of the question for you.
Under the FLSA, an employee who did not receive their overtime pay would be entitled to any monies they are owed as well as “double” or “liquidated” damages as well. The employer would be responsible for any attorney fees you incurred in collecting monies owed as well.
Who Is Eligible for Overtime Pay?
Some employees are considered exempt from overtime pay laws, but the federal exemptions provided by the FLSA are very limited in nature. Employees are required to receive a weekly salary in the minimum amount of $684 per week.
Even if this amount is paid each week in salary — only certain employees with very specific job duties are exempt from overtime pay.
The Department of Labor has a fact sheet which explains in detail which employees may be exempt based on their salary and job duties:
Workers who do not meet any of the exemption criteria are considered “non-exempt” and are entitled to overtime pay. If you’re uncertain about your eligibility status for overtime, consider consulting with a seasoned wage and hour attorney to ensure that you are not being under-compensated.
Common Overtime Violations
Overtime wages are an important component of many workers’ take-home pay. Many times, employees may not be aware of unpaid overtime until they see a direct impact on their livelihoods.
Some of the most common overtime violations include:
- Employee misclassification: Sometimes, employers will classify employees as “managers” or “supervisors,” even when they have no related duties. Other times, employees may be misclassified as “professionals” although they have no independent discretion over how their jobs are completed. This kind of misrepresentation can leave eligible employees exempt from overtime pay.
- Timekeeping modifications: Even if an employee is correctly classified, employers may withhold rightful overtime by undercounting hours or neglecting to keep proper timekeeping reports. This can manifest as forcing employees to work off the clock, denying rest periods, and not counting hours spent on mandatory training or other job-related activities.
- Hourly wage miscalculation: Overtime pay is based on an employee’s regular hourly wage, so some employers try to reduce overtime premiums by purposely omitting certain types of compensation when calculating regular wages. Examples include neglecting to count compensation like commissions, shift differentials, or performance-based bonuses in an employee’s hourly rate.
The Employment and Consumer Law Group Is Here to Protect You
Struggling to get unpaid overtime? Put the Employment and Consumer Law Group to work for you. Our Nashville law firm is entirely devoted to employment and consumer law. When you hire us, you’ll have peace of mind knowing that a committed advocate with deep knowledge of applicable case laws and precedents is handling your case. We’ve recovered millions of dollars in compensation for Nashville workers and stand ready to fight for you, too.
To schedule your free case review, call or contact us today.