Wage and Hour Attorney in
Unpaid Overtime is Wage Theft
Hire an Experienced Lawyer to Seek Justice
Has your current or former employer violated your right to overtime pay? Then you should contact a wage and hour lawyer at Anderson Barkley, LLC. They have helped countless employees, facing a variety of wage-related problems, sue their employers and receive fair compensation for their work.
If your employer is ignoring your off-the-clock hours, misclassifying you as an overtime-exempt employee, or manipulating your working hours, then they are committing wage theft and you have the right to pursue legal action.
Suing your employer may feel intimidating. But, you can count on an overtime, wage, and hour lawyer in Denver to help you recover your lost wages. It’s your right, after all.
Know the Law
According to the Federal Fair Labor Standards Act, companies must pay non-exempt employees time-and-a-half for every hour they work over the standard 40-hours work week. Failure to do so can lead to some harsh penalties, such as an additional award of liquidated damages, up to three years of back overtime pay, as well as payment of your attorney’s fees.
The laws in Colorado are even stricter than federal laws. For example, employers must pay one-and-a-half-time for every hour worked over 40 hours during a work week. The same rule applies if employees work more than 12 hours in one workday.
It is also against the law for your employer to retaliate against you for claiming unpaid overtime compensation. If your employer has threatened to fire you or change your terms of employment in any way after you had filed a claim, then you should get in touch with a Denver overtime, wage and hour attorney. Such retaliatory behavior is a gross violation of the law and your employer may face significant civil penalties.
The Top Wage-Theft Industries
Attorney Anderson can handle cases for workers in a variety of fields. They have over half a century of combined experience and have helped people from all walks of life and various industries. However, some employees from certain industries are at a higher risk of wage theft:
Oil and gas field workers
Call center workers
Security guard employees
Regardless of where you work or who you work for, if you suspect that your employer is using any tricks to avoid paying you the overtime you are entitled to, then you should present your case to an experienced wage and hour law firm like Anderson Barkley, LLC. They can determine if it is worth taking legal action against your employer and help you recover wages and penalties for your work.
Right This WrongReach Out Now
Tricks Companies Use to Avoid Paying Overtime
Some employers use a variety of tricks to avoid paying overtime. Knowing some of the methods employers utilize can help you identify any wrongdoing. If you suspect your employer of wrongdoing, your next step should be to contact an experienced employment law firm like Anderson Barkley, LLC.
They Don’t Pay for EVERY Hour You Work
It doesn’t matter if you had to write one email during your lunch break or answer a phone call after you got home from the office. Any activity you perform that benefits your employer (whether it’s at the office, at home or on the road) must be paid for.
Here is a list of compensable time duties that employees often perform without knowing they must be paid for them:
Checking and answering emails from home;
Answering phone calls;
Putting on equipment;
Working during lunch breaks.
They Misclassify You as an Independent Contractor
Independent contractors are not protected by federal law and do not receive overtime pay. Your employer may try to classify you as an independent contractor to avoid paying you overtime benefits.
They Misclassify You as an Exempt
Another way you may be denied overtime pay is if your employer has classified you as an exempt employee either intentionally or by accident. Employees considered “exempt” are not entitled to overtime pay even if they work more than 40 hours in a week.
They Try to Average Your Overtime Work
Let’s say that you worked a total of 45 hours in one week and 35 hours during the next week. You should receive five hours of overtime pay for week one. Your employer may try to average the amount you’ve worked during this period and say that you worked only 40 hours. This trick is especially used with employees that are paid every two weeks.
They Force You Take Comp Time
Some companies offer their employees “comp time” or hours that they can use for sick days or vacation leave instead of paying for overtime. Know that this is against the law.
They Collect a Portion of Your Tip
A lot of employees that work for tips, such as waiters, bartenders, etc., put their tips in a pool and share it among tipped workers at the end of the day. If your manager or business owner collects a portion of the pool tip, then they are committing wage theft. This is because by collecting a portion of the pooled tips, the employee’s hourly pay may fall below the minimum hourly wage required under federal law.
Unpaid Overtime Is Wage Theft, Get Legal Counsel Now
Failure to receive compensation for your overtime is a form of wage theft. Not only is this illegal, but you can also classify it as work discrimination, something the attorney here at Anderson Barkley, LLC fight against. Women, immigrants, and young adults are the most likely to become victims of wage theft. And, more often than not, they are not aware of their rights or are afraid that their employer will retaliate against them if they file a complaint.
At Anderson Barkley, LLC, Denver overtime, hour and wage lawyer can help you build a case and recover the wages you were wrongfully denied.