Employers May Face Investigation if they are not paying their Employees Properly for Overtime

Are you an employee that has been misclassified as being exempt from overtime pay? If so, you may be in luck. The Department of Labor is planning to pay closer attention to working conditions and improper pay practices this year, including those non-exempt employees that are being denied overtime pay due to a misclassification. If you feel that you have been wrongly denied your overtime pay, then you need to speak to an overtime pay and employment lawyer with the Higgins Firm. We know that employees work hard for their money and we will help you to get the compensation you deserve.
According to the Mainstreet news source, the Department of Labor’s increase in attention to employers and their pay practices is due to a rise in requested funding and having more staff of their own. The 2015 budget for the Department of Labor includes $11.8 billion in discretionary funding, which includes an increase of more than $41 million for the Wage and Hour Division and some $14 million to help with the misclassification of employees as independent contractors. The U.S. Secretary of Labor, Thomas Perez, stated that, “This budget request works to ensure that Americans have the skills they need for the in-demand jobs of today and tomorrow and also protects the health, safety and retirement savings of workers.”
The Fair Labor Standards Act states that a non-exempt employee is one who is eligible for overtime pay after working forty hours per week. The Department of Labor will audit and investigate companies that have received complaints from their employees or those seeking employment. These investigations can include private interviews by the investigator of company employees.
The companies most likely to have improper wage and overtime practices include industries such as oil and gas, residential construction, restaurants, hotels, janitorial services, moving companies, retail stores and home health care services. “The Department of Labor is focusing its enforcement efforts on fissured industries, in which the use of franchising, independent contractors, subcontracting and third-party intermediaries such as temporary employment agencies or labor brokers has distanced employers from their workers,” according to news source, XpertHR’s Michael Cardman.
Companies that comply with wage and hour laws and properly classify their employees might still be subject to an evaluation by the Department of Justice. In order to help avoid such a costly evaluation, it is important that companies make sure all time and payroll records and I-9 forms are organized and updated. They should also make sure that all of their employees that are not exempt from overtime are accurately recording their hours and that those employees that are exempt meet the legal criteria for the exemption.
Employers of corporations and managers or owners of individual or independent businesses are responsible for any wage and hour violations and will be held accountable for any and all unpaid overtime and minimum wage for the last three years. This includes liquidated damages, and the plaintiffs’ attorney’s fees.
If you or someone you work with has been denied the overtime pay or minimum wage that you are entitled to by law, then you should contact one of our experienced overtime pay and employment attorneys with the Higgins Firm. We care about our clients and will help to make sure that the company responsible is held accountable for their actions.
Feel free to contact us online or by calling 800.705.2121 to discuss your legal options.