The Fair Labor Standards Act (FLSA) provides employees several protections, however many workers still endure violations of wage and hour laws – “wage theft” – and may be entitled to recover compensation including back pay and damages.
Some of the most frequent mistakes businesses make, which then deprive workers of the pay they are entitled to include:
Misclassifying employees as independent contractors. One of the biggest mistakes employers make is misclassifying workers.
In general, the analysis regarding whether a worker is an independent contractors or an employee focuses on the degree of control a company has over the worker. if the company has financial control over the person and controls the work that the person does and how they do it, they will be considered to be an employee and not an independent contractor.
Another mistake employers make is classifying employees or as “exempt” when they are “non-exempt.” Non-exempt workers are entitled to overtime at the rate of one and one-half their standard rate of pay for each hour worked in excess of forty in an work week. However, exempt workers are not entitled to receive overtime pay, regardless of the number of hours worked.
Each of these errors may deprive workers valuable compensation, including overtime pay.
For more information or if you believe that your employer has made any errors concerning your pay, please contact the dedicated Atlanta wage and hour attorneys at Buckley Beal LLP for an immediate consultation.