Wage and Overtime Rights

Birmingham, Alabama

When we look at our paychecks, we probably just assume that our employer has paid us all of the money we have earned. However, being fully paid and fairly compensated for work does not always happen and sometimes folks may not even realize they are being underpaid. At Burke, Harvey & Frankowski, we often speak with clients who do not know that they are not being fairly compensated for their work. In many instances, workers and employees are not paid or fairly compensated for overtime work even though it is a right protected by wage and hour laws and every employer’s ethical responsibility.

Sometimes employees realize they are being cheated out of wages and just do not know how to handle the situation. Dealing with an employer or a boss about money can be very intimidating. You may feel that if you question the amount of your paycheck or your right to additional overtime pay, your employer may hold it against you in the workplace or retaliate against you. Fear of getting on your boss’ "bad side" or of even losing your job because you question the accuracy of your paycheck can be so overwhelming that you just accept whatever hours and wages you’re paid. This does not have to be the case.

Your Rights as an Employee

What you may not know is that there are laws that govern hours worked and wages earned in virtually all jobs in the United States. You cannot be asked to work for free or for a wage that is less than fair or mandated by law. Federal and state laws actually require that you get paid for all the hours you have worked and that you be compensated for working overtime in most cases.

Unfortunately, there are unscrupulous employers who will do whatever they can to cheat their workers and employees out of the wages they have earned, and if they know you are not going to say or do anything to put a stop to this unethical and in some cases criminal behavior, there is no incentive for them to pay you what you deserve.

Some employers actually refuse to pay fair wages and overtime or find every way around it possible. Some have devised such confusing and convoluted pay schedules to make it difficult or almost impossibe for you, the employee or worker, to figure out if you’ve been fairly compensated for your work or paid the overtime to which you are entitled. Threatening or even instituting legal action to enforce your rights under wage and hour laws may be exactly what your unscrupulous employer needs to cease the theft of your hard-earned wages.

Tactics to Withhold Pay

There are many tactics used by employers to withhold fair wages and overtime pay that we have seen at Burke, Harvey & Frankowski in wage and overtime cases that we have handled. Here are just a few of these tactics employers use to cheat employees and workers out of their hard earned money:

• Refusing to pay you for hours worked that were "unapproved"
• Forcing you to work off the clock or intimidating you to do so
• Pushing your overtime hours into the next pay period
• Falsifying your time sheets
• Refusing to pay for breaks (deducting time for breaks and lunches even if you worked during that time)
• Putting you down as "exempt" from overtime when you are not
• Failing to pay you for time spent cleaning or equipment or donning and doffing clothing or gear that is used on the job

Salaried Employees and Overtime Pay

Even if you earn a yearly salary you may still be entitled to overtime pay. Some salaried employees are exempt from overtime but not all. There are very strict rules and regulations used to determine if a salaried employee is entitled to earn overtime pay. A firm experienced in handling cases involving wage and overtime laws such as Burke, Harvey & Frankowski, LLC can explain your legal rights to you.

You work hard for your paycheck. If your employer doesn’t pay you all the money you have earned, it can impact you and your family tremendously — less food on the table and less money to pay for transportation, housing and other necessities. If you feel you cannot afford a lawyer to take your case, don’t let that concern you. We will provide you with a free consultation to discuss your case. If you have a case we will handle it on a contingency fee agreement . . . and we will make sure your employer does not retaliate against you for your seeking our legal advice.

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