overtime

Posts Tagged With ‘overtime’

How often do you look at your pay stub? Do you know how much you should be paid each pay period? Would you notice unfair deductions if they were occurring? It pays to be aware of your financial standings with your employer.

PNC Bank has agreed to settle an overtime suit filed by employees. The company will pay $16 million to workers who say they were not fairly compensated for their overtime work.

Four mortgage loan officers in Florida and Ohio began the collective-action lawsuit back in the summer of 2015. They alleged that the Pittsburgh-based PNK Bank asked employees to work overtime – frequently from outside the office – but discouraged them from recording the extra hours. PNC Bank also allegedly failed to properly compensate these employees for the overtime they did record. Instead, inappropriate deductions were made from employee’s paychecks.

The employees involved in the lawsuit were paid an annual salary of $24,000 based on a 40 hour work week, plus commissions. In the lawsuit, they argued that they were not exempt from overtime. Though PNC Bank has admitted no wrongdoing, they did agree to pay the 17 current former loan officers to settle the case.

Unfortunately, the suit alleges that these practices likely occurred in PNC offices throughout the United States. Far from the first time PNC Bank has gone to court over unpaid overtime, the company settled a $7 million lawsuit in 2011 after misclassifying mortgage loan officers as exempt from overtime pay.

This lawsuit goes to show how carefully employees need to monitor their paychecks. Even when on good terms with your employer, it pays to keep an eye on deductions and overtime pay. If you have any concerns about being fairly compensated for the hours you work, we encourage you to reach out to our team for a free, no-risk consultation.

Wage & Overtime Lawyers

If you are independent contractor, but your hours, work attire, pay, etc., are controlled by a client, you may be misclassified. The nature of your relationship with a client could deem you an employee, and as an employee you are eligible for benefits such as overtime pay. You could be owed unpaid wages. Contact our Unpaid Wage & Overtime Lawyers to discuss your situation 877-544-5323.

Contact Us Today 877-544-5323.

*Prior results to do not guarantee a similar outcome.

Many of us feel overworked and underpaid: for information technology professionals, it’s not just a feeling – it’s reality.

A new survey reveals that most IT professionals work unpaid overtime each week. The survey, which includes responses from nearly 140 IT workers, was recently conducted by Lieberman Software.​ The results were shocking: 74 percent of IT professionals say they work overtime – but receive no extra compensation for their time.

34 percent say they work about 15 extra hours per week unpaid. Another 15 percent say they work between 10 and 15 extra hours. About 10 percent said they work about five to nine hours of unpaid overtime weekly. Only 26 percent of respondents said they typically return home on time.

IT professionals are the quiet heroes of most workplaces. With our society becoming more dependent upon technology than ever, companies rely upon IT workers to ensure the safety and success of their online presence. When they’re successful, IT workers are mostly unnoticed – and unsung. But when something goes wrong, these employees are the first to be blamed. Many time, they’re also the first to be asked to stay late.

The survey revealed another shocking reality: that most IT workers don’t have any professional training on new security products. Some even admitted they never use certain products simply because they don’t have the time in their day to teach themselves to use it.

This survey, though relatively small, shows just how unfairly IT workers are treated. No one should be expected to donate their free time to their employer. We encourage anyone – IT worker or otherwise – with concerns about their overtime hours to reach out for a free, no-risk consultation.

Wage & Overtime Lawyers

If you are independent contractor, but your hours, work attire, pay, etc., are controlled by a client, you may be misclassified. The nature of your relationship with a client could deem you an employee, and as an employee you are eligible for benefits such as overtime pay. You could be owed unpaid wages. Contact our Unpaid Wage & Overtime Lawyers to discuss your situation 877-544-5323.

Contact Us Today 877-544-5323.

*Prior results to do not guarantee a similar outcome.

4.2 million workers are in a state of limbo thanks to a judge in Texas. The federal judge granted a preliminary injunction against new overtime rules that were set to effect millions beginning this month.

The new rules would require employers to pay overtime to those who work more than 40 hours in a week but earn less than $47,476 annually. It was seen as a win for anyone who has ever worked late but not been compensated for the additional time spent on the job.

The injunction doesn’t spell the end of the new overtime rules altogether. In the next 60 days, the preliminary injunction will lead to additional court hearings. During that time, President Obama can appeal the judge’s decision to the U.S. Court of Appeals Fifth Circuit Court. While the appeals court tends to oppose Obama’s administration, there is no telling how it will all shake out.

In the meantime, workers and employers are left in the lurch. These new overtime rules were set to go into effect December 1st of this month. Many employers had already alerted their employees to a change in their status as salaried employees. Some employees saw this change as a demotion.

We’ll be curious to see how all of this works out. The current rule – if an employee makes less than $23,600 annually, employers must pay them for the hours they work beyond 40 each week – was put in place in 2004. Since that time, our economy has obviously grown and changed. The sheer cost of living difference between 2004 and today means the $23,600 rate is extremely low.

No matter what the courts decide, we’ll be sure to keep you posted on the changing – or in this case, not changing – overtime rules.

Wage & Overtime Lawyers

If you are independent contractor, but your hours, work attire, pay, etc., are controlled by a client, you may be misclassified. The nature of your relationship with a client could deem you an employee, and as an employee you are eligible for benefits such as overtime pay. You could be owed unpaid wages. Contact our Unpaid Wage & Overtime Lawyers to discuss your situation 877-544-5323.

Contact Us Today 877-544-5323.

*Prior results to do not guarantee a similar outcome.

Virginia Unpaid Overtime Lawyer | Employment Law AttorneyNew rules from the Department of Labor go into effect on January 1st – but what does that mean for you?

If you make less than $47,476 annually, your employer will have to start paying you for time you spend at work beyond 40 hours a week. You’ll be considered an hourly employee, now, too. Employers looking to exploit loopholes in the system might promote you to $48k just before the rule goes into effect. But that threshold won’t stay at $47k for long. It will continue to rise every three years to keep up with rising costs of living.

This new rule comes as a win for anyone who has ever been required to stay late at work without receiving additional payment. If you make more than $47k, you’ll be paid time-and-a-half for any hours you put in beyond the required 40. This new rule will impact more than 4 million Americans.

Before you sign any new contracts re-negotiating your salary or hours, keep this new rule in mind. And if you haven’t heard about it from your boss, bring it up to make sure you’re being fairly compensated in the new year. Being your own self-advocate is the best way to be proactive.

Nearly half of all small business owners are unaware of the new rules. That could leave them scrambling in 2017. Employers are held liable for back payments of overtime, for up to six years. If you’re an entrepreneur yourself, read up on the new rules and make sure you’ve got a handle on them.

Not Being Fairly Compensated? Contact Us.

If you believe that your employer has violated the law or failed to properly pay you your wages, our Virginia Employment Attorneys are here to help. Contact us to setup a consultation to discuss your situation. Call toll free 877-544-5323.

Papa John’s Franchisee Gets Jail Time

A wage violation is typically punished by fines and penalties, but this is not always the case. It is possible for a business owner to get jail time for not properly compensating their employees.

According to a recent news report, a New York business owner who owns nine Papa John’s franchises was sentenced to 60 days in jail, and must pay more than $500,000 in restitution for failing to pay wages under state law. This type of crime is usually a misdemeanor, however, the owner also pleaded guilty to falsifying business records which is a felony.

New York Attorney General Eric Schneiderman added the following: “Wage theft is a crime and a Papa John’s franchisee is now going to jail for cheating his employees and trying to cover it up.”

The investigation showed that employees regularly worked more than 40 hours per week, but were not paid overtime. Instead, they were only being paid straight time.

To make matters worse, the business owner attempted a cover up by creating a fictitious employees and recording the overtime under those names.

The Wages and Fair Labor Standards Act (FLSA)

The Wages and Fair Labor Standards Act (FLSA) is a federal act that regulates the wages and hours of employees.

A few reasons the FLSA is important include:

  • It establishes a minimum wage
  • Requires overtime for non-exempt employees
  • Prohibits forms of child labor
  • Prohibits unequal pay based on gender

Not Being Fairly Compensated? Contact Us.

If you believe that your employer has violated the law or failed to properly pay you your wages, our Virginia Employment Attorneys are here to help. Contact us to setup a consultation to discuss your situation. Call toll free 877-544-5323.