Tag Archives: Overtime

“Salaried” Workers With Hours Docked May Be Overtime-Eligible

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If you are a worker paid a salary, then you may be ineligible for overtime pay, assuming other circumstances exist as well. (Being paid a salary is one of multiple criteria that must be met before an employer can consider you overtime-exempt).

However, some workers who are called “salaried” workers by their employers are not paid on a “salaried basis” as defined by overtime law, and are in fact eligible for overtime because of their non-salaried status under the law.

If an employer docks wages from a “salaried worker,” this can be a major no-no that can change the worker from “salaried” to hourly (overtime-eligible) status under the law.

For example, if on a given day a salaried worker leaves work four (4) hours early for personal reasons, an employer cannot dock the worker 4 hours wages for the missing work time.  As another example, an employer cannot dock a salaried worker an 8 hour day if the employer did not have work available, but the worker was able and willing to work the 8 hour day.

There are some exceptions, and circumstances where an employer can dock pay without affecting a worker’s salaried basis status.

The U.S. Department of Labor (DOL) has a Fact Sheet describing the salaried basis test, and how an employer’s docking of a worker’s wages can mean a worker– despite being called “salaried”– is not salaried for overtime law purposes.

If you have been docked hours and wages, despite being told you are paid by salary, you may want to review DOL’s Fact Sheet above in detail, and other information about salaried basis pay and overtime laws, to clarify whether the employer should be paying you overtime wages.

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Filed under Employee Tip - H-1B, Employee Tips - Unpaid Wages

Overtime Pay for Not-So- “Independent” Contractors

Two construction workers at work.

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Often, employers will classify a worker as an “independent contractor” — and many times the worker agrees to this categorization– and the worker is not paid overtime for hours worked over 40 per week.

However, if you are a worker who is called an “independent contractor,” that categorization may not apply for overtime-law purposes and more understanding of the law can help you determine whether you are eligible for overtime pay.

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Employee Tip: Do I Have a Case? Attributes of Good Employment Law Claims

Employees who feel wronged by an employer often want to know whether they may have a legal claim worth pursuing, i.e. “Do I have a case?”   This post will identify common attributes of good employee rights cases.

Please note this post does not provide legal advice- if you want legal advice, you should contact an attorney and discuss your specific circumstances. If you are interested in legal assistance from attorney-author Michael Brown or his law firm DVG Law Partner for your matter, please contact them here:

Generally speaking, an employee rights case is more promising, and more worthwhile to pursue, when several or all of the following factors are present:

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Filed under Employee Tip - Considering a Legal Action, Employee Tips - Unpaid Wages

Employee Tip: FAQs of Workers With Unpaid Wages

The article below answers three common questions of workers who have unpaid wages.

Three FAQs of Wisconsin Workers With Unpaid Wages

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Filed under Employee Tips - Unpaid Wages