Milwaukee FLSA Attorneys
Has your employer required you to work off-the-clock or over meal or break periods, without appropriate overtime pay? Has your employer improperly classified your position so that you are ineligible for overtime pay? You may have a claim under the Fair Labor Standards Act (FLSA).
Milwaukee FLSA Attorneys on Your Side
At Alan C. Olson & Associates, s.c., we understand the difference it can make in your job morale and personal life when you do not receive the full pay you have earned. Our attorneys can evaluate your situation, help you identify if state or federal wage and hour laws have been violated, and help you recover unpaid wages in a claim against your employer.
Fair Labor Standards Act
The Fair Labor Standards Act is a federal labor law that governs federal minimum wage requirements, equal pay, overtime pay, and child labor protections. The majority of FLSA claims brought involve unpaid overtime or other overtime violations.
Under the FLSA, employers are required to pay wages to an employee for all time worked and when due. Additionally, the employer is responsible for accurate record keeping of time worked and calculating overtime pay correctly. Unfortunately, many employers either fail to comply with FLSA regulations either intentionally or unintentionally.
Are You Entitled to Overtime Wages?
Overtime is defined as any time actually worked beyond a specified threshold. Generally, for full-time non-exempt workers, this threshold is 40 hours in a single workweek. However, the threshold may vary for part-time workers. Potential overtime rule violations may involve:
- Your employer requires you to work for a period prior to clocking in each day
- Your employer requires you to work through your break while “off-the-clock”
- Your employer requires you to take an unpaid lunch period, even though attendance is mandatory at a lunchtime meeting or you worked over lunch
- Your employer requires you to take after hours job-related phone calls and does not allow you to enter the time as time worked
- Your employer requires you to bring work home and does not count the time worked
- Your employer miscalculates the rate of overtime pay by using the incorrect base pay amount
Exempt (Salaried) vs. Non-Exempt (Hourly)
Most hourly-based wage earners are covered under overtime provisions of the FSLA. Certain employees (salaried employees) are exempt from overtime pay. However, there are situations when an employer misclassifies an employee as exempt in order to avoid paying overtime. When a worker is classified as exempt from overtime, careful scrutiny must be given to the employee’s title compared to the employee’s job functions. Creative and deceptive employers may give an employee a title as a supervisor or manager, when in actuality the employee is performing essentially the same tasks as non-exempt co-workers.
Milwaukee Employment Law Attorneys
Our wage and hour claims lawyers at Alan C. Olson & Associates have extensive experience and a proven track record of success in pursuing wage and hour litigation under federal laws, as well as under Wisconsin wage and hour laws. We can help you understand and assert your employee rights.
Please contact our Milwaukee, Wisconsin, law firm for a free initial phone consultation with an attorney at Alan C. Olson & Associates.
