1. You are paid by the hour and work a set schedule which has been determined by your employer;
2. Your employer provides your tools and work area;
3. You are not allowed to, or do not have time to, work for other companies;
4. Your relationship with your employer is permanent (i.e., not just a one week gig);
5. Your employer directs your work, rather than letting you decide when and how you want to perform your work; and,
6. You do not take any economic risk that the business will be unprofitable.
If some or all of these are true, you may be entitled to minimum wage, back taxes or overtime wages.
If you work over forty (40) hours per week and meet other specific criteria, you are eligible for overtime pay at 1.5 times per your hourly regular rate of pay. Even if your employer classifies your job as “exempt” from overtime, you may not be exempt from overtime pay at all. This frequently happens in the case of manager, particularly at restaurants and other retail establishments. Also, if you have been promised comp time (one hour off duty with pay for every hour of overtime that you work), you are possibly being denied your proper overtime. Most “comp time” is not legal and is just a way for the company to avoid paying overtime wages.
In December 2016, there will be a significant increase in overtime pay requirements for employers.
Examples of Past Cases
Moyers v. Gibson, individually and d/b/a H&R Block and Gibson’s Transportation, LLC (2016) No. 2013-cv-455, Hamblen Co. Chancery Court. Plaintiff was awarded back overtime pay and liquidated damages when she was misclassified as a manager exempt from overtime.
Johnson v. Logo Pros, Inc. (2004) U.S. District Court for the Eastern District of Tennessee, No. 3:04-cv-30.
Stipulated judgment for Plaintiff in a Fair Labor Standards Act case for unpaid minimum wage and unpaid overtime. This case included allegations that Defendant improperly forced Plaintiff to pay for errors on customer orders and failed to pay earned vacation time when she left the position.
Heath v. Michaels Stores, Inc. (2004) U.S. District Court for the Eastern District of Tennessee, No. 3:03-cv-627.
Judgment for Plaintiff in a Fair Labor Standards Act case in the amount of $17,201, plus attorney fees and costs. Plaintiff was instructed to clock out when she reached 40 hours of work in a week and 80 hours in a two-week period, but to continue working off the clock. Also, Plaintiff maintained she worked through unpaid lunch periods.
Fultz v. Alternative Retail Concepts, Inc. (2002) U.S. District Court for the Eastern District of Tennessee, No. 3:97-cv-887.
Judgment for Plaintiff in a Fair Labor Standards Act case for unpaid overtime wages and pregnancy discrimination case in the amount of $54,781.
Call our office today at (865) 474-1284 to discuss your East Tennessee wage, misclassification or overtime situation.
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All employees working in businesses covered by the Fair Labor Standards Act are entitled to the federal minimum wage of $ 7.25 per hour. If you are a server, or work in another regularly-tipped job, you may be paid $2.13 per hour from your employer with the remainder to be made up in tips from customers. If you don’t receive enough tips to reach the required minimum wage of $7.25 for each and every hour that you work, your employer may be not be paying you correctly.
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You may be entitled to back overtime or tax reimbursement if your job has been misclassified as “independent contractor” when you are really an employee. Most workers are “employees,” that is, they are entitled to have the employer pay half of the Social Security and Medicare taxes on wages, to receive the minimum wage for every hour worked, and to possibly receive overtime for hours worked over forty (40) in one week.
Some employers try to cheat the system by misclassifying employees as “independent contractors” and off-loading the full payment of employment taxes onto the employee. If you have been told that you are an independent contractor and will receive a 1099 at the end of the year, ask yourself if:
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Disclaimer: The information contained on this website does not constitute legal advice. It is general information only and will not apply to every situation. No attorney-client relationship exists between you and Young Law Office, P.C. until an in-person meeting has occurred and a representation agreement has signed by both parties. Please be aware that the firm accepts cases in the East Tennessee area only.