Wage And Hour Laws

Is your business subjecting itself to liability under federal or state laws dealing with fair pay and overtime? Unless your policies and procedures have been set up and implemented by an experienced business attorney, chances are the business is probably running afoul of the law!

Overtime

Federal law provides that certain types of employees, who work longer than forty hours in a week, are entitled to overtime compensation of 1.5 times their hourly rate. Overtime compensation is mandatory - e.g. the employee cannot "waive" it or refuse it, the employee cannot "volunteer" time, and if the employee works overtime but is not paid for it, the employer is subject to liability – even if the employer doesn’t know the employee worked overtime!

Job Classification Important

Certain types of employees are considered "exempt" from wage and hour laws. These exempt employees typically include professionals such as doctors and lawyers, management, and various other types of salaried executives. On the other hand, employees who are "non-exempt" (not exempt from the overtime requirements) are typically hourly workers, administrative support professionals, and blue collar laborers.

Merely stating that an employee is "salaried" or a "manager" does not absolve the business from overtime liability. Making a correct employment classification can be difficult, complex and confusing, and should not be attempted without competent and experienced legal guidance, such as the attorneys at the Byrne Law Group.

Records - Double Edged Sword

In most instances keeping accurate employment time records can provide a vital defense to many frivolous wage and hour claims. Policies requiring employees to "clock in" or otherwise record start and stop times on a weekly basis help to ensure overtime provisions are not violated. Also policies prohibiting overtime without advance authorization can be helpful, but lack of authorization does not allow an employer to not pay overtime.

Discuss Your Employment Matters Today

Call the experienced attorneys at the Byrne Law Group today to discuss and consult about your overtime and employment policies. Learn what your business is doing correctly, and what steps you can implement to reduce wage and hour liability. We can provide an excellent and cost effective alternative to "big law firm" representation. As a small boutique firm, we can develop a custom fee arrangement that makes sense for you. We can tailor a fee arrangement that suits your needs based upon competitive contingency fees, hourly rates, or blended hourly and contingency fee arrangements. If you are an institutional client, please ask us about our competitive rates for volume-portfolios.