Often, both employers and employees make mistakes when it comes to overtime and minimum wages. The following are myths about overtime and minimum wage:

Paying the Wrong Hourly Rate
Employers may violate the FLSA by failing to pay their employees the proper hourly rate. This can occur by paying overtime at the same rate as straight time, versus time and one-half. It can also occur when the employer fails to include bonuses and shift pay in the employee’s regular hourly rate. For more information, please view Calculating Minimum Wage & Overtime.

Not Paying for Total Hours Worked
Employers may violate the FLSA by failing to pay their employees for the total hours they have worked. This may include failing to pay for time such as:

a. time spent cleaning equipment or putting on a uniform before work begins;
b. break time;
c. travel time;
d. time you worked late without being asked to do so;
e. work at home;

The materials found on this website are intended to inform the public, but they are not a substitute for an attorney’s advice about your specific situation. To learn how you are personally affected by the minimum wage and overtime rules, please fill out the online questionnaire by clicking here questionnaire or call: (713) 223-8855.

And many more. To learn more about the time for which you should be getting credit, please view Are you being paid  for all hours worked?.

Misclassification / Failing to Pay Overtime to Commissioned or Salaried Employees
Employers frequently classify employees as exempt, when they are actually non-exempt. The test is not whether you are paid on a straight commission or on a salary basis, but whether your actual job duties qualify you for an exemption. To determine whether you may be misclassified, please view Are you exempt or non-exempt? .

Failing to Pay Minimum Wage to Tipped Employees
Although an employer is permitted to pay a tipped employee as low as $2.13 per hour, your employer is required to demonstrate that you are making at least minimum wage once your tips are added to your regular pay. Also, issues frequently arise when employees are engaged in a “tip pool.” To calculate whether you are being paid minimum wage and more, please view Calculating Minimum Wage & Overtime.

Giving Comp Time Instead of Cash
If you have been getting “comp time” for working overtime hours in a work week, your employer may be violating the FLSA. A typical example is someone who works 55 hours in a workweek, and is told by their employer that they will give you 15 hours off then next week to “make up” for the extra hours worked. This is improper under the FLSA. If you are non-exempt, you are entitled to be paid overtime for any hours worked in excess of 40 hours per week. To calculate your overtime, please view Calculating Minimum Wage & Overtime. To determine whether you are exempt from overtime, please view Are you exempt or  non-exempt? .

Paying Cash Off the Books
If your employer is paying you in cash, which is not being recorded, then your employer may be concealing a minimum wage or overtime violation. To determine the amount legally owed to you, it is necessary to compare the amounts actually paid with your hours. Your employer is required by law to keep records of all your hours and your pay. To learn more about the information that your employer is required to record, please view Are you being paid for all hours worked?.

KNOW YOUR RIGHTS 
It is illegal for your employer to retaliate against you or terminate you for speaking up and filing a lawsuit in order to collect your minimum wage and overtime.

See 29 C.F.R. 785.19(a).
See 29 C.F.R. 785.20.
See 29 C.F.R. 785.21. 
See 29 C.F.R. 785.22(b).

Misclassification / Failing to Pay Overtime to Salaried Employees
Employers frequently classify employees as exempt, when they are actually non-exempt. The test is not whether you are salaried, but whether your actual job duties qualify you for an exemption. To determine whether you may be misclassified, please see Calculating Minimum Wage and Overtime.

Failing to Pay Minimum Wage to Tipped Employees
Although an employer is permitted to pay a tipped employee as low as $2.13 per hour, your employer is required to demonstrate that you are making at least minimum wage once your tips are added to your regular pay. Also, issues frequently arise when employees are engaged in a “tip pool.” To calculate whether you are being paid minimum wage and more, please see Exemptions.

Giving Comp Time Instead of Cash
If you have been getting “comp time” for working overtime hours in a work week, your employer may be violating the FLSA. A typical example is someone who works 55 hours in a workweek, and is told by their employer that they will give you 15 hours off then next week to “make up” for the extra hours worked. This is improper under the FLSA. If you are non-exempt, you are entitled to be paid overtime for any hours worked in excess of 40 hours per week. To calculate your overtime, please see Calculating Minimum Wage and Overtime. To determine whether you are exempt from please see Exemptions.

Paying Cash Off the Books
If your employer is paying you in cash, which is not being recorded, then your employer may be concealing a minimum wage or overtime violation. To determine the amount legally owed to you, it is necessary to compare the amounts actually paid with your hours. Your employer is required by law to keep records of all your hours and your pay. To learn more about the information that your employer is required to record, please see Are you Being Paid for All Hours Worked.

KNOW YOUR RIGHTS 
It is illegal for your employer to retaliate against you or terminate you for speaking up and filing a lawsuit in order to collect your minimum wage and overtime.

The overtime lawyers of the Tran Law Firm represents clients who have not been fairly paid. If you think you are owed back pay or had illegal deductions made from your wages, contact the overtime lawyers at the Tran Law Firm to review your overtime case.

Call 713-223-8855 or Complete the form below




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