Nearly nine million Americans lost their jobs during the Great Recession and its aftermath. Those lucky enough to stay out of the unemployment line were expected to work longer hours, often for the same pay, or even less. Few complained. Most felt hurt because they had a job to go to. But a funny thing happened when the recession ended. Instead of rewarding them for their hard work and dedication during those tough times, most bosses continued to push their understaff just as hard. Workers are finally fighting back in court with the help of employment law firms.
A recent trend
The number of American workers currently suing employers under federal and state wage and hour laws hit a record high in 2014. While each case is different, the main bone of contention is that American businesses have benefited of increased productivity, while most employees have not. In the vast majority of these cases, the worker sues to recover the overtime wage to which he is legally entitled.
The law
Companies are required to pay time and a half of the regular rate to most employees who work more than 40 hours per week. It does not matter if they are employed part-time, full-time, temporary or salaried. However, because they don’t want to pay these extra wages, some bosses misrepresent the scope of state and federal rules regarding overtime pay. They might, for example, ask their employees to work off the clock or beg them to do them a personal favor by staying late.
Most workers were willing to do these favors for their bosses when times were tough, but not anymore. Now they want the money to which they are legally entitled. While some bosses agree to pay these back wages as soon as they find out about employment law firms, others play defense.
Who has the right?
All hourly workers, regardless of job title, description, or immigration status, are entitled to overtime pay. Executives and other white-collar workers may be exempt from this rule if they are managers or administrators who are expected to work long hours and are compensated accordingly with higher annual salaries. Other employees with hours that are difficult to track, such as sales representatives and technology workers, may have difficulty claiming overtime or may not be entitled to it.
The bottom line
US productivity, or output per labor hour, rose four percent in 2010, which was the largest increase in recent memory. That was a full year after the Great Recession ended! In other words, instead of hiring additional employees, the bosses continued to squeeze more production out of their understaffed staff. The practice continues to this day. Tech giant Oracle recently agreed to pay $35 million in overtime pay to workers it had intentionally misclassified as managers!
Labor Practices
As we mentioned, not all employees are entitled to overtime pay. To find out if you are eligible for additional compensation, contact reputable employment law firms as soon as possible. The attorneys at these firms specialize in this growing area of legal practice and knowledge local and federal labor laws inside and out.
what to look for
A simple web search will turn up an impressive list of employment law firms in your area. Don’t just select the first name on the page. Take your time and visit their websites. If you like what you see, give them a call. Most reputable attorneys offer free initial consultations and only get paid if you receive money owed to you.
