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.
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?
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?
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?
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?
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”?
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.