| The Fair labor Standards Act (FLSA) generally | | | | paid overtime. In general, executive level |
| requires most employers to pay their employees | | | | employees, administrative employees and |
| time and one-half (1.5) their regular hourly rate of | | | | professional employees are exempt from the |
| pay for working more than forty (40) hours in a | | | | overtime requirements. Some employers will give |
| workweek. Such compensable work time may | | | | an employee a fancy title, but it is the actual |
| include forced, mandatory overtime as well as | | | | duties the employee performs, not the job title, |
| "off the clock" work. Even if an employer has a | | | | that determine whether an employee is entitled to |
| written policy prohibiting overtime, the employer | | | | overtime pay. For example, even if an employer |
| may be required to pay for overtime worked if | | | | creates a job title of "assistant manager" and |
| that policy was not enforced or if the employee | | | | pays that employee a salary, if the employee |
| was otherwise permitted to perform the work. | | | | does not really manage anything or supervise |
| There are many schemes employers use to | | | | anyone, he probably should be paid on by the |
| avoid paying their employees overtime. Some | | | | hour and be entitled to overtime pay. |
| employers require or permit employees to work | | | | Another way employers commit wage theft is by |
| "off-the-clock" by having employees perform | | | | misusing the "tip credit" in the restaurant industry. |
| certain tasks before clocking in or after their shift | | | | In certain situations, restaurants who employ wait |
| is over. Another trick many employers use is | | | | staff can pay their wait staff $3.02 less than the |
| they automatically deduct for meal periods, but | | | | minimum wage for hours worked where the |
| do not completely relieve their employees of their | | | | employee receives tips. That $3.02 is sometimes |
| work duties. These improper automatic deductions | | | | called a "tip credit." To be able to pay its |
| are common in the healthcare industry where | | | | employees below the minimum wage using the |
| nurses are often responsible for their patients and | | | | "tip credit," an employer must first meet certain |
| subject to recall during their meal periods. Some | | | | rules. If the employer does not comply with these |
| employers illegally deduct pay for short breaks. | | | | rules, the "tip credit" is invalid and you may be |
| The law, however, usually requires employers to | | | | entitled to the $3.02 deducted from your pay for |
| pay their employees for breaks that last only five | | | | each hour you worked. One common way the tip |
| (5) to twenty (20) minutes. | | | | credit can become invalid is when an employer |
| Other employers make their workers sign | | | | requires its employees to share their tips with |
| independent contractor agreements even though | | | | employees who do not customarily receive tips, |
| the worker is not really in business for himself. | | | | such as the restaurant manager, dishwasher, or |
| The actual working relationship, not a piece a | | | | chef. Such an improper tip pool can invalidate the |
| paper, determines whether a worker is an | | | | tip credit. Another violation is when restaurant |
| employee. In general, an independent contractor | | | | employers require their tipped employees to work |
| works for more than one company at a time and | | | | only for tips. Bober & Bober, P.A. has handled |
| controls his own work. | | | | many cases involving the restaurant industry. |
| One of the most common wage violations is | | | | Even customarily tipped employees-waiters, |
| when an employer tries to avoid paying overtime | | | | waitresses, bartenders, busboys, food runners-are |
| by simply paying a salary to employees who are | | | | entitled to legal protection. |
| not exempt from the requirement that they be | | | | |