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Off the Clock: Have You Experienced Lost Wages as a Result of Unpaid Overtime or Reclassification as a Supervisor?

Attention hourly workers: Did your employer require you to work “off the clock” or give you extra work after hours for which you were not paid?

Some examples of off the clock work:

  • Were you required to warm up equipment such as starting a truck, generator, or forklift engine in advance of your shift?
  • Were you asked to load or unload materials, supplies, or job site equipment?
  • Were you required to dress in special protective clothing on the job?
  • After your shift, were you assigned to clean equipment or clean up a jobsite work area?
  • After your shift, were you asked to return equipment to a tool room or vehicles to a specific area after a shift?
  • Were you required to work during a break or during the time allotted for your meal for tasks as minor as answering the phone or sending or receiving emails?
  • Were you ordered to make repairs or correct mistakes on a job without pay?

These are all examples of off the clock work – work your employer directs you to perform without paying you for the time you spent completing those tasks.

Some employees do not object to doing these tasks thinking it will win them favor with the employer but you may be placing your employer at risk.

If you feel you have been cheated out of your pay or directed to work a period of your day “off the clock”, you may be eligible to recover up to three years of back pay and damages under The Fair Labor Standards Act for an employer’s willful violations.

Employers do not have the right to ignore wage and hour laws and profit from your unpaid or underpaid labor and doing so may subject them to federal or state audits and investigations and lawsuits.

Contact The Bryant Law Center for a free initial discussion of your case.

Reclassification

One of the ways employers go about avoiding paying hourly employees overtime for work they perform is to reclassify your position as a manager or supervisor.

While it may sound good, it often has a downside.

If you are reclassified as an exempt employee, you can be asked to work extra hours or come in on nights and weekends with no extra pay.

To qualify as an executive or manager or supervisor, the law says you must be paid a minimum of $35,568 a year or $684 a week. Up to 10 percent of that amount can be in the form of bonuses. Until recently, that amount had been just $23,660 a year.

Calling someone a manager or assistant manager with no added responsibilities is a way for employers to maximize profits and reduce costly overtime.

Some people who have been reclassified as an exempt supervisor/manager find they were given no new managerial or supervisory “white collar” tasks such as:

  • Training
  • Interviewing
  • Directly and regularly supervising two or more workers
  • Planning work
  • Directing the flow of materials and supplies used in the work and providing for the safety and security of your assigned employees

Courts have held, however, that workers who spend part of their day performing non-exempt tasks similar to an hourly employee can still be classified as managers if they perform managerial duties such as hiring, firing, and supervising.

Were you forced to work extra hours without any added responsibilities or pay that fell below the federal threshold?

Repeated court rulings have penalized employers who reclassify hourly employees as salaried supervisors to work longer hours with no increase in pay or responsibilities.

Employers may also be liable for wages owed to other employees they have similarly classified as managerial or supervisory.

Federal and state wage and hour laws may help you recover the compensation you deserve for up to three years of back pay.

If you feel your employer unfairly classified you as a manager or supervisor to avoid paying you overtime, contact the Bryant Law Center for a free initial discussion of your case.

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Get a Free Case Evaluation

No matter what kind of legal issue you are facing, we offer a free initial consultation to discuss your case. Call 270-908-0995 or complete our simple contact form to schedule a free initial consultation.

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