Representing Workers Who Deserve All Unpaid Wages
At Wilson Melton, LLC, our lawyers fight for workers who are in overtime and unpaid wage disputes with their employers. If you believe your employer owes you unpaid wages or overtime wages, please allow us to help. You deserve the wages you have earned, even if your employer tries to tell you otherwise. Contacting us may make the difference in recovering hundreds or thousands of dollars in earned but unpaid wages owed to you by your employer.
What You Should Know About Wage Law
Every year, employers undercut their employees by not paying them for all overtime wages earned by them. Most American employees are entitled to overtime wages of one-and-one-half times their regular hourly pay rate. This entitlement is nothing novel or new. Many employers stick their heads in the sand while hoping that their employees do not learn about their unlawful actions.
Federal and Indiana laws require that employers pay employees eligible for overtime at the rate of one-and-one half times their regular hourly pay rates for all hours worked above 40 per week. The Fair Labor Standards Act (“FLSA”) covers most hourly employees eligible for overtime pay. Employees do not have to be paid on an hourly basis to be eligible for overtime. Salaried employees may be eligible for overtime pay too. Simply because an employer pays a salary to an employee without any overtime pay does not mean that the employee is not eligible for overtime pay. The employer may have unlawfully misclassified the employee to avoid having to pay overtime wages. Commissioned employees may likewise be eligible for overtime pay.
Making Sure Employers Classify Workers Correctly
The employers may misclassify employees as exempt from overtime or as independent contractors, thereby cheating overtime-eligible employees from hundreds, if not thousands, of dollars in unpaid overtime earned by them. Some misclassified individuals may include:
- Administrative assistants
- Call center employees
- Certain assistant managers
- Team leads
- Leasing agents
- Kitchen workers
- Restaurant servers
Employers may misclassify an individual as an independent contractor to avoid having to pay overtime wages and taxes for worker’s compensation, Medicare, Social Security and unemployment compensation. The employer’s classification of an individual as an independent contractor does not mean the employer is correct. The individual does not have to take the employer’s word that he/she has been properly classified. As with any law, there are some exceptions to employers being required to pay overtime to their employees. Certain types of managers, administrators, truck drivers, artists, teachers, and professionals may be exempt from overtime eligibility.
The Answers You Need For Your Questions About Unpaid Wages
Do you suspect that your employer has not paid you fairly? You may be right. If you are thinking about filing a wage and hour claim, take a look at some of the most frequently asked questions about unpaid wage issues.
Can employers lawfully retaliate against employees who complain about overtime violations?
The FLSA prohibits covered employers from retaliating against employees because they have complained about not being paid overtime properly. This protection extends to employees complaining internally to supervisors or human resources about overtime issues, filing a complaint about overtime issues with an appropriate governmental agency, or filing a lawsuit under the FLSA. The employer cannot take adverse actions, such as wrongful termination, a demotion, or cut in pay or hours against the employee for engaging in conduct protected by the FLSA.
Am I an employee or an independent contractor?
An individual may be an employee, not an independent contractor, if the employer exercises sufficient control over the employee’s working relationship with the employer, such as requiring that the individual work certain hours, disciplining the individual, providing the tools of the trade, making the employee wear the employer’s uniforms with the company logo, and substantially supervising the individual. If the individual is an employee and works over 40 hours per week, then he/she may be eligible for overtime compensation.
Can employers lawfully refuse to pay earned wages to their employees?
No. Under federal law, employers have an obligation to pay the minimum wage and to pay it on time.
Are tipped employees entitled to their earned tips?
Both state and federal law say that tips belong to the tipped employee, not the employer. As a result, the employer does not have the right to withhold employees’ tips or to claim them for themselves.
Get The Wages You Deserve — Contact Us Today
If you believe your employer is violating the law by not paying earned wages to you or retaliating against you for complaining about overtime pay issues, please contact Wilson Melton, LLC, for a review of your situation. Call 317-827-8302 or send us an email to schedule your free initial consultation.