Weinberg Law Firm - Dallas Employment Law
Legal Topics | 2010/05/29 23:57
Overtime claims and compliance

Wage and hour matters usually manifest when disgruntled employees feel they have not been compensated properly for their work.  Often, wage and hour matters are brought forth by employees who have been terminated, anticipate being terminated, or have just received a bad performance review.  This is especially true when it comes to overtime claims.

Companies should safeguard against possible problems by seeking counsel to properly classify employees as exempt from overtime pay.  Employers often mistakenly characterize workers as independent contractors to avoid payroll taxes, keeping track of hours worked or paying overtime.  Weinberg Law Firm can help properly assess how to classify workers to minimize liability exposure under the federal wage and hour laws.   

If workers are not properly classified, they may have claims for unpaid overtime against the company and individual owners/supervisors.  The employees may also be awarded double (liquidated) damages.  Further, if employees are successful on their claims, federal law mandates the company to pay the employees the cost of their legal fees in bringing a lawsuit.  If the employer’s conduct was willful, employees may seek unpaid overtime for the past three years.  

This is a predicament in which companies do not want to find themselves.  Weinberg
focuses on overtime pay issues, but can handle any wage and hour claim, including those that involve working off the clock, during breaks or lunch, and other violations covered under the Fair Labor Standards Act.


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