unpaid overtime

Posts Tagged With ‘unpaid 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.

The city of Hampton is facing a federal lawsuit from more than 100 police officers seeking back overtime pay.

The lawsuit was first filed against the city in July 2014. At the time, 105 police officers were included in the lawsuit. According to recent reports, another 105 have joined. With a police department of 227 officers, this means that almost every officer is suing the city for OT back pay.

The lawsuit claims that officers are owed overtime pay spanning a period of five years. It alleges that officers had to take “comp” time for working overtime, as opposed to cash payments. Furthermore, the lawsuit notes that the officers were not properly compensated for hours spent on tasks such as maintaining vehicles.

While the city continues to deny the allegations, the lawsuit moves forward.

Wage, Hour, and Overtime Employment Lawyer

Cindra Dowd is an experienced Virginia employment law attorney. Mrs. Dowd was one of the lead attorneys helping Norfolk and Portsmouth police officers overcome similar overtime and wage issues recently. If you believe that your employer isn’t compensating you according to state and federal laws, you may want to speak with an experienced employment lawyer. If you’d like to speak with Cindra Dowd about your employment issue, contact us at 877-544-5323 today.

In October 2014, more than 12 former and current Portsmouth fire captains stepped forward to challenge their exemption from overtime pay. They did so by filing a federal lawsuit against the city.

According to the lawsuit, the city is in violation of the Fair Labor Standards Act, as it requires overtime payment to anybody whose primary responsibility is emergency response and fire protection.

Earlier this month, the lawsuit was finally settled. According to local reports, the city has agreed to pay nearly 30 former and current fire captains a total of $385,000. An attorney for the city noted that after reviewing the case, he agreed that the fire captains should have been offered overtime pay.

Payments to each fire captain will range from approximately $5,000 to $17,000.

If you feel your company is doing something that is against the law, such as not paying overtime, it can be a challenge to express your voice. Rather than go at this alone, many people hire an employment law attorney to help protect their rights.

Not Being Fairly Compensated?

If you find yourself in one of these positions or 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 Virginia Employment Lawyer Cindra Dowd 877-544-5323.

A Virginia Beach home health care provider, along with its owner, has been sued by the Department of Labor for neglecting to pay nurses overtime over the last three years.

According to the lawsuit, the company in question, HPR Medical Services, did not pay overtime to a minimum of 24 registered nurses dating back to February 2011.

The owner of the company continued to classify the nurses as independent contractors, despite the fact that he was told not to by the Department of Labor.

The Department of Labor continues to crack down on health care companies in an attempt to ensure that workers get paid minimum wage, as well as any overtime benefits due to them.

Virginia Employment Lawyers

Do you feel your employer is holding out on paying you overtime? If you are not earning the money you deserve, due to being misclassified, for example, contact us to learn more about your rights.

Source: http://hamptonroads.com/2014/10/beach-health-provider-sued-over-nurses-overtime-pay

 

Overtime Class Action Lawsuit against Dollar Tree Moving Forward

The company is currently in the middle of a lawsuit, facing off against approximately 4,000 hourly employees who allege the company should have paid them for time worked off the clock.

The Chesapeake-based company recently asked a U.S. District judge to break up the group of employees who have brought a lawsuit against the company. These employees are suing Dollar Tree because they believe they are owed for time they worked off the clock.

On the other side of the argument, Dollar Tree feels that the workers’ experiences varied so much that it would be impossible for them to stay together under one lawsuit. However, the judge disagreed and decided against breaking up the claim.

These workers feel that they are owed money for time worked off the clock, such as during meal breaks or when making deposits at the bank.

Virginia Labor & Employment Facts

  • Overtime- Most hourly employees are entitled to overtime pay when hours worked surpasses 40 hours within a 7 consecutive works days according to the Fair Labor Standards Act (FLSA).
  • Minimum Wage- In Virginia, the minimum hourly rate is identical to the federal rate. Currently the hourly minimum rate is $7.25 per hour.
  • Tips – The FLSA states that an employer can pay an employee under the minimum wage only when that wage plus tips earned is, at the least, equal to the minimum wage for each hour worked. If it is not, the employer must make up the difference.
  • Breaks- In Virginia, if you are given a break and do any work during this break, you are entitled to be paid for that work. However, Virginia does not require employers to give employees breaks unless the employee is under the age of 16.

 

Not Being Fairly Compensated?

If you find yourself in one of these positions or 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 our Virginia Employment Law Lawyers
Toll Free: 877-544-5323 | Local: 757-233-0009 | E-mail Us

The Norfolk Police Department is being sued by more than 300 police officers who are declaring that they were forced to work overtime without being compensated. Duties such as the cleaning of weapons, arriving to court early, and working through breaks were forced to be done without pay. According to the complaint as many as 700 officers, past and present, may have been affected by these policies.

The lawsuit also states that it is a violation of state law that the Norfolk police department doesn’t pay overtime until an officer has surpassed 43 hours within a seven day period.

PilotOnline.com quotes James Shoemaker, one of the attorneys representing the officers, “This is simply a case where… officers have not been getting paid in accordance with state and federal law.”

Within the past 20 years, similar lawsuits were filed in Portsmouth, Chesapeake, and Virginia Beach. In July of 2012, Richmond police officers and the City of Richmond settled a similar lawsuit which involved over 600 officers.

In a recent lawsuit filed on behalf of over 600 current and retired Richmond, Virginia police officers, the city of Richmond is facing a $7 million payout for lost overtime pay. The deal is facing approval by City Council later in the month.

If the deal is approved, the funds will be taken from a $97.7 million non-departmental “rainy day” unassigned general fund balance from this year’s budget. In Rogers v. city of Richmond, the suit is asking for retired and current officers to be paid overtime funds. The suit claims that officers should have been paid time-and-a-half if they worked more than 80 hours in a 14-day pay period.

The federal Fair Labor Standards Act (FSLA) requires that employers pay time-and-a-half starting at 86 hours. The officers are claiming they should have been paid overtime for the gap time between 80-86 hours worked in the 14-day pay period.

A Virginia law passed in 2005 stated that workers should be paid overtime when they work more than 80 hours in a 14-day pay period. Richmond has argued that the federal law preempted the state law.

Richmond’s liability in the case could become as high as $38 million. Tammy D. Hawley, press secretary for Mayor Dwight C. Jones, stated “the city administration had resources in a contingency fund to cover such potential exposure.”

Virginia Labor & Employment Facts

  • Overtime- Most hourly employees are entitled to overtime pay when hours worked surpasses 40 hours within a 7 consecutive works days according to the Fair Labor Standards Act (FLSA).
  • Minimum Wage- In Virginia, the minimum hourly rate is identical to the federal rate. Currently the hourly minimum rate is $7.25 per hour.
  • Tips – The FLSA states that an employer can pay an employee under the minimum wage only when that wage plus tips earned is, at the least, equal to the minimum wage for each hour worked. If it is not, the employer must make up the difference.
  • Breaks- In Virginia, if you are given a break and do any work during this break, you are entitled to be paid for that work. However, Virginia does not require employers to give employees breaks unless the employee is under the age of 16.

 

Not Being Fairly Compensated?

If you find yourself in one of these positions or 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 our Virginia Employment Law Lawyers
Toll Free: 877-544-5323 | Local: 757-233-0009 | E-mail Us