How Employers Hide Overtime Violations
Both the Ohio employment law and the Fair Labor Standards Act make wages for work done the right of every worker. However, as we’ve seen while serving as Ohio employment lawyers, most employers withhold their employees’ salaries.
Even when you put in overtime (that is, working outside your usual hours), your employer might choose not to pay you. They usually do this for more profit, thereby committing wage theft. According to a report, employers steal billions of dollars from workers’ paychecks yearly.
The most significant problem and why most business owners get away with this is that some employees are unaware of these fraudulent practices and their rights. Therefore, the onus is on you to know your rights and fight to protect them. However, your employer might be great at hiding overtime violations.
In this article, we shine the light on overtime violations and share with you the different ways your employer could be hiding wage infringements. If you need more details, or feel that your employer may be covering up overtime violations, contact Hux Law Firm.
Four Ways That Employers Hide Overtime Violations
You deserve to get paid for all work done for your employer, especially outside regular office hours. To ensure you don’t get cheated by shady business owners, we’ve shared four ways employers hide overtime violations.
Employers Change Work Week Count
Any experienced Ohio employment lawyer would tell you that you are entitled to overtime compensation for every hour you work after 40 hours a week. This rule is according to Ohio employment law, and anything short of this is a violation.
So, employers constantly shift what constitutes a workweek. For example, you might work for 10 hours from Monday through Friday. But your employer will decide to end the workweek on Thursday, so there won’t be any need to pay overtime for Friday’s work hours.
Employers Falsely Claim Employees Are Exempt From Overtime
There is a common misconception that employees are not entitled to overtime compensation because they are on salary. However, under Ohio employment law, salaried employees are entitled to overtime under certain situations.
So, just because you are being paid a salary does not mean that you are exempt automatically. However, you are excluded when listed in an exempt profession. You are also exempted when you receive a salary of at least $684 a week, or your job is classified as executive or administrative.
Employers Claim That Employees Are Independent Contractors
Employers categorize their employees as independent contractors for many reasons. Classifying employees as independent contractors relieves employers of many legal responsibilities — such as paying overtime.
You are an employee if your employer can control how, where, and when you work. In addition, if you are an employee, you are probably entitled to overtime compensation. However, an employee is not an independent contractor just because an employer says they are.
Employers Miscalculate Base Rate of Pay
If you are entitled to overtime compensation, you may receive 1.5x your usual pay rate. Also, your employer should include bonus payments as part of the monthly or regular pay. Therefore, an employer refusing to pay overtime might wrongly calculate your usual base rate of pay.
Therefore, always check your paycheck to confirm if everything was correctly calculated. For example, if your take-home is $15/hr, then your overtime rate should be $22.50/hr. Anything short of this is improper overtime pay.
Many employees are understandably afraid to report these overtime violations, but you owe it to yourself to hold your employer accountable and ensure your rights are not violated. So, what do you do?
What To Do When Employers Hide Overtime Violations
Again, Ohio employment law and the Fair Labor Standards Act provide that you are entitled to get your full salary and overtime. So, if you are not getting the overtime compensation that you have earned, here are a few steps to take:
- Document all the number of hours you have worked each week
- Ensure that your pay stub is kept safely. This will help determine if your employer is recording a different number of hours for you.
- Consider filing a formal complaint with your human resource office or the U.S. Department of Labor. Although this is not mandatory, it is advisable to do so.
If you file any complaint with human resources in your organization, document any harassment, retaliation, or discrimination you receive after the protest. Finally, speak with an experienced Ohio employment lawyer familiar with handling overtime violations in Ohio.
Get the Compensation You Deserve
Overtime violations have become very common, and employers are getting away with these offenses due to the ignorance of their employees. Thankfully, you now know some ways that businesses hide overtime violations and can check if your employer is taking advantage of you.
If your employer appears to be hiding overtime violations, take legal action immediately. At Hux Law Firm, we represent employees who have been denied overtime compensation, and help protect workers’ rights. Contact us for a free consultation, and let’s get started on your case.
