My boss has me working off the clock. Is this legal?
Probably not. If you are an employee that is paid by the hour, your employer must pay you at least the minimum wage for the first 40 hours worked, and at least 1.5x your hourly wage for any hours worked over 40 hours in a workweek. The federal minimum wage is not less than $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009. There are some employees that are exempted from this requirement, including but not limited to movie theater employees, agricultural workers, employees on salary of at least $455 per week, or employees in outside sales. In general the exceptions and exemptions are very narrow, so if you working over 40 hours per workweek and not being paid overtime, you should consult an attorney to find out your legal rights. Our law firm handles wage cases on a contingency basis, which means that you do not pay upfront costs or attorney fees, and costs and attorney fees are paid out of any settlement or judgment in your favor.
Tuesday, May 13, 2008