Skilled Legal Counsel For Unpaid Overtime In Missouri And Illinois
Many employees are misclassified by their employers as “exempt” and are not paid overtime for work over 40 hours per week. Just because you are paid on a salary basis does not mean that you are not entitled to overtime. Our attorneys in Schuchat, Cook & Werner‘s Labor and Employment Group are well versed in federal and state wage and hour laws and can quickly determine whether you may be due unpaid overtime. If you have a question or concern regarding unpaid overtime, call us at 314-621-2626 or 888-365-0445 or send an email today.
What Is A Misclassification?
Under the Fair Labor Standards Act (FLSA), employers must pay their employees time and one-half their regular rate of pay for work over 40 hours per week. There are a number of exemptions to the requirement to pay overtime. However, many employers mistakenly misclassify their employees as exempt from this requirement when, in actuality, they are not.
There are three main classifications of exempt employees – executive, administrative and professional. Determining whether an employee is truly exempt under one of these classifications is a fact-intensive process and depends on a number of factors, such as the type of work the employee performs, whether the employee supervises other employees, and the employee’s level of education and experience. An employee may be due overtime pay if their employer has mistakenly misclassified them as exempt.
Frequently Asked Questions
You may have some concerns about whether you are being paid correctly at work or whether your employer is following the rules. To help lift some weight off your shoulders, our employment law attorneys have addressed three common questions about unpaid overtime.
Do I get overtime for working through lunch, off-the-clock or for sending after-hour emails?
Yes, you may be entitled to overtime pay under Missouri and federal wage laws, but it depends on whether you are a nonexempt employee covered by the FLSA. If you work through lunch, that time counts as “worked hours” if you are not completely relieved of duty. For example, if you are assisting customers or otherwise working during a meal break, that time must be paid and can count toward overtime if it pushes over the 40-hour workweek.
“Off-the-clock” work is unlawful if your employer knows or should know that you are working. After-hour emails may count as compensable work time if your employer expects the work or requires you to respond. A lawyer can assess your situation and help explain your options.
What are the most common ways employers misclassify employees to avoid paying overtime?
Employers often try to avoid overtime by misclassifying workers as “exempt” when they do not truly meet an exemption. Common examples include calling someone a salaried manager even though they do not manage employees or make meaningful business decisions or treating employees as outside sales or professional workers when their primary duties are routine nonexempt tasks.
Another common tactic is misclassifying employees as “independent contractors,” which can unlawfully cut off overtime rights if the person is really functioning as an employee under Missouri and federal standards. Employers may also illegally split time across multiple job titles or dock time for breaks that are not fully free from work.
How far back can I claim my unpaid overtime wages?
The standard limit under the FLSA is two years from the date you file a claim, but it can extend to three years if the employer’s violation was willful. In practical terms, the exact lookback period can depend on whether you sue, whether you bring a claim with the U.S. Department of Labor and whether any state-law claims are also available.
Because deadlines can be short and the amount recoverable may decrease if you wait, it is beneficial to document your hours, pay records, messages, and schedules and consult an employment lawyer or agency as soon as possible.
Get In Touch With Our Missouri And Illinois Labor And Employment Group
If you have questions or concerns about whether you may be due unpaid overtime, call our St. Louis office today at 314-621-2626 or 888-365-0445. You may also send us an email to schedule a consultation. We serve clients in Missouri, Illinois and throughout the Midwest.
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