Overtime Laws

After working hard, you deserve every cent you earned. Sadly, your employer may be unlawfully withholding your rightful wages.

Johnson & Bennett focuses our law practice on employment law. We demand that employers treat their workers fairly and our attorneys take action when they fail to do so. Our partners have a proven track record of substantial judgments and settlements in high-stakes, complex misclassification and wage theft matters. *

We can help you recover your hard-earned wages and damages.

Fair Labor Standards Act (FLSA) 

The Fair Labor Standards Act (FLSA) requires employers to pay their nonexempt workers at least minimum wage and one and one-half times their wages for all hours worked above 40 in a workweek. However, employers often find creative ways to withhold overtime pay, including:

  • Misclassifying workers as independent contractors, managers or commission based
  • Counting certain wages as expenses or bonuses to reduce the amount overtime is based on
  • Not counting such work-related activities as checking email or training as compensable time
  • Recording less hours than the worker actually worked

Misclassification of Workers

Overtime laws apply only to certain nonexempt employees. For this reason, employers often misclassify workers as exempt to reduce its payroll expenses. The result is that you may be working long hours with less pay than you are entitled to.

You may actually be an employee who is misclassified, including:

  • Independent contractors do not enjoy the protections afforded to employees under the FLSA. The issue of what constitutes an “employee” is regularly before the Tennessee and Mississippi courts. Although you were hired as an independent contractor, you may actually be an employee by law, meaning you are entitled to overtime pay and other benefits.
  • Executive exemption applies to workers who make a minimum salary, manage the enterprise, supervise at least two employees and have hiring and firing authority. However, you may actually be working long hours for minimal pay that is far less than you would receive as an hourly employee.
  • Commission-based retail employees are exempt from overtime in certain situations. The arrangement may be a crafty way for your employer to withhold wages you earned.

Remedies for Wage Theft

You have the right to the money you earned, which includes overtime pay. However, you should not delay in pursuing your legal rights. The statute of limitations is two years in most wage theft cases and three years for willful violations.

Our Tennessee and Mississippi wage lawyers may pursue damages for back pay, treble liquidated damages and lawyers’ fees and costs. If your employer is stealing your pay, likely the wrongdoing is systemic. We, thus, review whether we have grounds to file the claim as a class and whether class action is in your best interests.

Recover Your Hard-Earned Wages

Learn more about your rights to overtime wages and what you can do about wage theft. Schedule an appointment with Johnson & Bennett.  In order to speak with the attorney to review your case, we require an upfront $100 consultation fee.  This is limited to no more than one hour of the attorney's time.  We represent most clients on contingency, meaning you pay no attorneys’ fees until we recover monetary damages.  Some claims involve recovery of equitable or non-monetary relief, such as reinstatement, a promotion, or similar type of recovery.  These claims are handled on a hourly basis.  Emails, calls, web contacts, or other means used to reach us are handled in a timely manner.

*Disclaimer: Results are not typical.

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