I am not sure if it is the economy or just some strange coincidence but it seems my office is fielding more calls than usual with regard to workers not receiving overtime pay. Most people know that they are to receive overtime pay if they exceed 40 hours in a work week. However, we are seeing many employers attempt to cheat their employees out of this pay. There are a few common schemes we see over and over again.
One common example is an employer will give their worker the title of “manager” or “supervisor” They believe since they call the employee a manager they do not have to pay overtime. However, it is not your title that is important but what you actually do at work that is important. Do you actual manage employees; do you hire workers; set their schedule, etc. or do are you like every other worker but for your fancy title? If so, you may be due overtime pay.
Another common practice is to call the employee an “independent contractor” The key factors in determining if you are really an independent contractor in Tennessee is the extent of control. Do you provide your on tools, set your own hours, work for other employers? If not, you may just be a regular employee and entitled to overtime pay.
If you have employee wage and hour question, feel free to contact my office to discuss.