A recent article looked at the top wage and hour mistakes employers make when paying employees. These mistakes may constitute costly Fair Labor Standards Act (FLSA) violation and entitle you to back wages and damages. If you believe that your employer has been committing one of these errors and has unfairly deprived you of wages, you should immediately consult with a knowledgeable Atlanta wage and hour lawyer.
One of the biggest mistakes an employer can make is misclassifying workers. This may happen in one of several ways. An employer may inaccurately classify a worker as an independent contractor rather than an employee. In these situations, the worker will fail to receive potential benefits and overtime compensation that they may otherwise deserve. It’s important to note that even if you have signed an agreement that designates you as an independent contractor, this is not the final determination. Whether you are an independent contractor or employee is largely dependent on the issue of control. If your employer controls how, when and where you do your work, you are likely an employee and entitled to the benefits that come with your position.
Another way employers misclassifying workers is by labeling them as exempt when they really are non-exempt. Because non-exempt employees are entitled to overtime pay, this misclassification can result in significant losses in wages.
Further, during the summer especially when many employers hire interns, companies may mistakenly designate an intern as “unpaid” and fail to pay them what they deserve.
Another common employer error is not paying workers for all the time they work. In addition to more obvious failure to pay overtime – such as when non-exempt workers are required to work more than 40 hours in a week and are not paid time and a half, it may also occur in more subtle ways such as when employers fail to pay workers for required lunch breaks, or require that employees work through their breaks.
If you have any wage and hour questions or believe that your employer may have committed one of these mistakes concerning your pay, please contact the dedicated Georgia wage and hour attorneys at Buckley Beal LLP for an immediate case evaluation.