If you answer “YES” to any one of the following questions , or you are unsure if your answer is “YES”, please fill out our contact form online. Provide us with the necessary contact information, along with a brief description of the area or areas of concern. We will contact you to further diagnose your situation as it relates to your current or a previous employer.
1. Does your employer require you to work hours over 40 in a work week without paying you one and one-half your regular hourly rate for the overtime hours?
2. Does your employer split your work hours between different company locations or facilities and then pay you from two different payrolls for those hours instead of combining those work hours on one payroll, thereby denying you overtime compensation in weeks in which your total hours are more than 40?
3. Does your employer utilize a “comp time” or “overtime bank” in place of payment for overtime wages but not credit you at time and one half the actual time worked over 40 hours per work?
4. Are you paid a salary (a set amount of pay for a set period without regard to how many hours you work) but yet you have no managerial responsibility or supervisory control over any other employees?
5. If you are paid a salary, does your employer take deductions from your salary for partial day absences or for any disciplinary reasons such as safety or job performance?
6. Are you required to work before or after your shift “off the clock” i.e., perform preparatory work prior to punching in at the beginning of the day, or perform work after punching out at the end of your day?
7. Are you required to change in to and out of a company uniform or safety clothing/gear on the company’s premises but you are not paid for the time it takes to make that change?
8. Are you required to take home work in the evening or on the weekend that you can not complete on the job, but are not paid for the time it takes you to complete the tasks at home?
9. Are you often interrupted during your meal break to engage in any company business that is the benefit of the company, but yet are not paid for the entire meal break time?
10. Does your employer “auto deduct” a half hour or an hour every day regardless of whether you get a meal break or regardless of whether you are interrupted during your meal break?
11. Does your employer allow you rest break periods of less than 20 minutes but not pay you for such a rest period?
12. Are you required to be available in order to report to work on short notice (commonly referred to as “on call”) creating significant altering restrictions of your lifestyle but not paid for that “on call” time?
13. Are you required to report to a certain location by a certain time but then required to wait for work to begin before your employer begins to count your work time?
14. Does your employer require you clock out due to interruptions in work for reasons such as mechanical failures or slow times, but requires you wait on site in order to be available for work when the problem or slow down is fixed?
15. Does your employer require you to report to the Company’s headquarters or other office or yard location and then travel to another location to perform the day’s work, but not pay you for your travel time between those locations? Or, during the day when transitioning from one work location to another, does your employer require you to “clock out”?
16. Do you work for your company as an hourly employee (or an improperly salaried employee) but not paid for your time when you travel on company business via auto or air?
17. Are you being treated as an independent contractor by your employer (i.e., having no payroll deductions taken from your pay and receiving a year end 1099 tax document instead of a W-2) but perform work only for that employer (meaning you do not perform similar work for other companies at the same time)?
18. Are you an undocumented worker who is paid at straight time wages even for hours worked over 40 in a work week? The fact that you may be undocumented does not remove your right to bring an action in a court of law for rightful compensation for work you have already performed.