Getman Sweeney Dunn has successfully settled many wage cases in industries where employees are regularly cheated out of overtime pay or other wages to which they are entitled. Just because a practice is common, does not make it legal. Many industries have pervasive and illegal pay practices.
Listed below are certain industries where violations commonly may exist:
• Home Care Workers (HHAs/LPNs/CNAs)
• Certified Nurse Assistants in the Home Care Field
• Licensed Practical Nurses in the Home Care Field
• Bloomberg Employees (Including Installation Coordinators)
• Customer Service Representatives in the Trucking Industry
• Companies Requiring Workers to Pay Work-Related Expenses
• Companies Requiring Workers to Work Off the Clock
• Home Health Aides
• Drivers Who Drive Vehicles Weighing 10,000 pounds or Less Some of the Time
• Companies Treating Workers as Independent Contractors
• Companies Paying By Pay Card
• Insurance Adjusters
• Contract Attorneys
• Trucking Industry, Swift Transportation and Interstate Equipment Leasing
• Mobile Phone Sales Associates
• Ambulette and Ambulance Companies
• Call Centers
• Factories Requiring Personal Protective Equipment (PPE)
• Tips for Restaurant and Service Industry Workers
• Exotic Dancers
• Unpaid Interns
• Visa Holders
• Mortgage Loan Officers and Mortgage Originators
• Car Mechanics
• Car And Truck Dealership Salesmen, Service-Writers, Mechanics and Partsmen
• Drivers of Vehicles under 10,001 Lbs.
• Mechanical/Electrical/Structural Designers-Detailers-Draftsmen
• Cable Installers
Home Care Workers (HHAs/LPNs/CNAs)
Federal and state law governing minimum wages and overtime for Home Care Workers (Home Health Aides, Licensed Practical Nurses, or Certified Nurse Assistants) who work for agencies in private homes or nursing facilities providing care to the disabled and the elderly have recently changed to offer more protection to workers. Now Home Care Workers who are employed by an agency to work in private homes or nursing facilities are entitled to overtime and minimum wage under the Federal Fair Labor Standards Act and many state overtime laws (such as NY and CT overtime law). Getman Sweeney Dunn has successfully handled similar litigation for workers providing in-home health care services and is currently litigating claims against Future Care, Inc., and SeniorBridge (a part of Humana at Home). Public and non-profit investigations show that wage theft is rampant within this industry, often by failing to pay for all hours of work. If you are a Licensed Practical Nurse, Home Health Aide, or Certified Nurse Assistant, Getman, Sweeney & Dunn is happy to review your pay situation. Call us at (845) 255-9370 or send us an email. The consultation is confidential and free, and there is no obligation to bring a case.
Certified Nurse Assistant (CNA)
Federal and state law governing minimum wages and overtime for Certified Nurse Assistants who work recently changed to offer more protection to workers. Now Certified Nurse Assistants who are employed by an agency to work in private homes are entitled to overtime and minimum wage under the Federal Fair Labor Standards Act and many state overtime laws (such as NY and CT overtime law). Getman Sweeney Dunn has successfully handled similar litigation for workers providing in-home health care services and is currently litigating claims against Future Care, Inc., and SeniorBridge (a part of Humana at Home). Public and non-profit investigations show that wage theft is rampant within this industry, often by failing to pay for all hours of work. If you are a Certified Nurse Assistant, Getman, Sweeney & Dunn is happy to review your pay situation. Call us at (845) 255-9370 or send us an email. The consultation is confidential and free, and there is no obligation to bring a case.
Licensed Practical Nurses (LPN)
Federal and state law governing minimum wages and overtime for Licensed Practical Nurses who work recently changed to offer more protection to workers. Now Licensed Practical Nurses who are employed by an agency to work in private homes are entitled to overtime and minimum wage under the Federal Fair Labor Standards Act and many state overtime laws (such as NY and CT overtime law). Getman Sweeney Dunn has successfully handled similar litigation for workers providing in-home health care services and is currently litigating claims against Future Care, Inc., and SeniorBridge (a part of Humana at Home). Public and non-profit investigations show that wage theft is rampant within this industry, often by failing to pay for all hours of work. If you are a Licensed Practical Nurse, Getman, Sweeney & Dunn is happy to review your pay situation. Call us at (845) 255-9370 or send us an email. The consultation is confidential and free, and there is no obligation to bring a case.
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From its inception through 2013 (when numerous lawsuits were filed and the U.S. Department of Labor resolved an audit of the entire company), Bloomberg L.P. failed to pay overtime premium pay to any class of employees except interns. Since then, Bloomberg “reclassified” some positions and began paying overtime to some but not all of its employees. Currently, Getman, Sweeney, & Dunn is suing Bloomberg, LP for its failure to pay certain help-desk call center workers overtime for hours over forty.
It appears to Getman, Sweeney, & Dunn that Installation Coordinators should be entitled to overtime while Bloomberg might still classify the position as exempt. If you currently work or have worked within the last 6 years as an Installations Coordinator or at any other help-desk or call center at Bloomberg LP, Getman Sweeney & Dunn is happy to review your pay situation. Call us at (845) 255-9370 or send us an email. The consultation is confidential and free, and there is no obligation to bring a case.
Drivers Who Drive Vehicles Weighing 10,000 pounds or Less Some of the Time
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Many companies do not pay overtime wages to drivers who drive vehicles over 10,000 pounds because they claim that the drivers are exempt from the federal overtime law. While drivers may be exempt if they only drive vehicles over 10,000 pounds, Getman Sweeney Dunn believes that drivers who drive vehicles weighing 10,000 pounds or less some of the time are not exempt. Those drivers should be paid overtime for all the hours they work, including hours spent driving larger vehicles. Moreover, these drivers are due overtime regardless of whether they are paid by the hour, with a salary, or by the mile. If you have worked as a driver of vehicles weighing 10,000 pounds or less and were not paid overtime premium pay for hours over forty, contact Getman Sweeney Dunn to learn about your rights. The call is confidential and free. Contact Getman Sweeney Dunn to learn about your rights. The call is confidential and free.
Federal and state law governing minimum wages and overtime for Home Health Aides recently changed to offer more protection to workers. Now Home Health aides who are employed by an agency to work in private homes are entitled to overtime and minimum wage under the Federal Fair Labor Standards Act and many state overtime laws (such as NY and CT overtime law). Getman Sweeney Dunn has successfully handled litigation in the past for Home Health Aides and is currently litigating claims against Future Care, Inc., and SeniorBridge (a part of Humana at Home). Public and non-profit investigations show that wage theft is rampant within this industry, often by failing to pay for all hours of work. If you are a Home Health Aide, Getman & Sweeney is happy to review your pay situation. Call us at (845) 255-9370 or send us an email. The consultation is confidential and free, and there is no obligation to bring a case.
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Wholesale food and beverage manufacturers often use “Direct Store Delivery” or DSD to get their product from the back room to the shelves of their customers. Many DSD manufacturers classify their DSD staff as “salespeople” and pay them a salary for all hours worked – so the pay is the same if the employees work 40, 60 or 80 hours. These employers treat their workers as not entitled to overtime under the “Outside Sales Exemption” of the Fair Labor Standards Act. The company has no incentive to have employees work fewer hours and as a result, these employees work tremendously long hours for a set amount of pay. Getman Sweeney Dunn believes that many DSD workers are primarily merchandisers and thus misclassified and entitled to overtime because they do not actually “sell” anything within the meaning of the Fair Labor Standards Act.
Getman Sweeney Dunn continues its lawsuit against Kellogg’s for RSRs and TMs, who we believe are entitled to overtime premium pay. Contact Getman Sweeney Dunn if you worked in-store in a DSD position and were not paid an overtime premium for hours worked over forty in a week.
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Many trucking companies use customer service representatives (“CSRs”) to enter orders, track freight, and keep accounts updated. Some of these companies classify their CSRs as exempt from state and federal overtime requirements under the “Administrative Exemption.” As a result, these CSRs work overtime without receiving the overtime wages required by law. Getman Sweeney Dunn believes that CSRs are often misclassified because their job duties do not meet the requirements of the Administrative Exemption. Even though a CSR is paid a salary, the CSR may still be entitled to overtime pay. We are currently litigating overtime claims against Swift Trucking on behalf of CSRs who we believe are entitled to overtime premium pay. If you have worked for a trucking company as a CSR or in a similar capacity and were not paid overtime premium pay for hours over forty, Contact Getman Sweeney Dunn to learn about your rights. The call is confidential and free.
Getman Sweeney Dunn has handled numerous cases where workers are made to bear work related expenses. For example, some workers have to pay for tools, equipment, a car or truck, travel expenses, cellphones, dues, promotional expenses, and other expenses for their jobs but are not reimbursed for the cost. Under federal law, it is illegal if such work expenses bring your pay below the minimum wage in any week. In addition, shifting any work-related expenses onto workers is simply illegal in many states, regardless of whether the result brings wages below the minimum wage, or not. Some common jobs where workers must bear their employer’s business expenses are pizza delivery drivers, service technicians, and mortgage brokers. If your job requires you to shoulder work-related expenses, call us to determine if the practice is legal. If the expense deductions are illegal, we can help you get your money back.
Getman Sweeney Dunn has handled numerous cases where workers are made to perform free work for the company, by working “off the clock.” In these cases, the lack of time records for the work does not prevent the claim from being brought successfully, as workers are permitted simply to testify about the full extent of the unpaid hours. However, as an aid to enforcement, the U.S. Department of Labor has now launched a new iPhone app to allow workers to record their work time on their smartphones. Click here to download the app. After recording the time, workers may send the time records by email to have the time sheets reviewed. Getman Sweeney Dunn would be happy to review these records for workers looking for quicker response than might be available through the US Department of Labor.
Contract attorneys that are paid by the hour, who work more than forty hours in a week are entitled to overtime premium pay at the rate of time and one half for their overtime hours. Many agencies fail to pay overtime premium pay. Both the contract agency and the firm at which the contract attorney is placed would likely be liable for the violation.
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Sales Associates that work in cell and mobile phone stores are generally entitled to overtime pay for hours over forty in a week, minimum wage for all hours worked, and payment for all hours they work, even off-the-clock work. Many Sales Associates are currently not paid overtime in violation of the Federal Fair Labor Standards Act. Getman Sweeney Dunn is currently litigating a case against two Texas cell phone store companies, Western Talk, L.C., and Western Paging and Voicemail. Both companies are Sprint Preferred Retailers. Investigations show that wage theft is rampant within this industry. Getman Sweeney Dunn is happy to review Sales Associate’s pay situation with no obligation to bring a case.
Workers in many fields are misclassified as independent contractors, when by law, they are really employees who would be entitled to minimum wage, overtime at the rate of time and one half, and would be entitled to have the employer bear the cost of work related expenses. The misclassification of workers as contractors is common in industries such as truck drivers, delivery drivers, janitors, security guards, store delivery persons, and home health care providers such as nurses, home health aides, and various therapists. While the test of who is a contractor and who is an employee can be complex, relevant considerations are how much control the business exerts over the work of the contractor, whether the contractor is performing the primary business of the company, and whether the contractor is truly in business for themselves. Getman Sweeney Dunn has recently won a declaration by a federal court that a major trucking company Central Refrigerated Service wrongfully classified its employees as independent contractors.
A newly emerging trend it to pay workers by “Pay Card” instead of by check or cash wages. Pay cards are generally cheaper and easier for employers, but they can have costs for employees. The legal requirements concerning pay cards vary state by state. However, the key question is whether use of the pay card can cost the employee fees. If they do, such fees can be seen as unlawful deductions from wages.
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Insurance Adjusters are often not paid overtime wages even though they should be. In some instances, employers misclassify Insurance Adjusters as “independent contractors” when in fact they are really “employees” and entitled by law to overtime wages. Whether someone is a true “independent contractor” or an “employee” depends not on how an employer or a contract defines your position, or on how you are paid (per day, per job), or even how your pay was reported (1099). Instead, your status is determined by law, and a careful analysis of a number of variables about your job will lead to a determination of whether you are an independent contractor or an employee. If you are determined to be a non-exempt employee, the law requires your employer to pay you overtime wages for any hours over 40 that you work in a week. Getman, Sweeney & Dunn recently brought claims on behalf of Insurance Adjusters against Alamo Claims Service and State Farm for these practice. Click here to see the case details.
Even companies that treat Insurance Adjusters as employees often don’t pay them overtime. In those cases, the employer misclassifies adjusters as exempt from the legal overtime requirements. But there are very strict standards that employers must meet to deny employees overtime. Employers do not always meet those requirements and when they don’t, they should pay overtime wages.
If you work or worked as an Insurance Adjuster and did not receive overtime pay, you may be able to recover your back overtime wages plus liquidated damages. Call us, and we will help you determine your rights. The call is free and confidential.
Getman Sweeney Dunn is suing Swift Transportation Company and Interstate Equipment Leasing, as well as Central Refrigerated Service, Inc. for treating the drivers who lease trucks from subsidiaries as independent contractors, when by law, they should be treated as employees. Getman Sweeney Dunn has recently won a declaration by a federal court that Central Refrigerated Service wrongfully classified its employees as independent contractors. Getman Sweeney Dunn is investigating several other trucking companies for the same violation. By treating drivers as contractors, rather than employees, various trucking companies throughout the U.S. control the drivers’ work just as they would employees, but shift various costs and business risk to the drivers. The result of a mis-classification, if it is found to exist, is that various charges, such as truck lease, insurance, tolls, administrative costs, and QualComm would be legally impermissible deductions from wages in many states. Getman Sweeney Dunn is also bringing claims that Central and Swift engaged in “forced labor” in violation of the Federal Forced Labor statute, by operating a scheme to coerce owner operators to work for the company for years at a time, under threat of being required to pay all remaining lease payments (and suffer a negative DAC report) should they give up their leased truck. If you were a trucker treated similarly to an employee but were labelled as an “owner-operator,” please call Janice Pickering at Getman Sweeney Dunn to review your situation.
Getman Sweeney Dunn has successfully sued EMT/ambulance companies and is currently suing both an ambulence company – Northern Dutchess Paramedics and an Alert Ambulette Service for their failure to pay overtime at the rate of time and one half for all hours over 40. Overtime violations appear to be common in these industries.
Many companies operate call centers for customer service and/or sales. Help desks are another form of call center. The entitlement to overtime in these positions is usually very clear. The fact that workers are paid a salary does not alter the company’s obligation to pay overtime for hours over forty. Frequently call center employers require employees to do work that is outside their scheduled shift speaking on the phone, such as logging in or out, booting up, taking trainings, following emails or help tickets, etc. Unfortunately, these practices continue to plague the industry. Getman Sweeney Dunn has successfully sued call centers for their failure to pay overtime at the rate of time and one half for all hours over 40. Currently, Getman Sweeney Dunn is suing Bloomberg, LP for its failure to pay help-desk call center workers overtime for hours over forty.
Getman Sweeney Dunn has successfully sued Butterball for its failure to pay production line employees for all the hours they work. Many companies require employees to wear protective equipment to work in the production area, but fail to compensate employees for the time such donning and doffing takes. The Supreme Court has generally declared that an employer must pay for all time from the first donning through the last doffing, with the exception of meal breaks of 30 minutes or more. Getman Sweeney Dunn will continue to review cases of employers that continue to violate the law.
There are many ways that service industry employees are cheated of wages. Some service industry employers (such as caterers, restaurants, banquet facilities, airlines) charge customers a mandatory service charge, gratuity, or tip, but do not distribute the service charge to the service employees that earned it. Some positions are commonly tipped, where the charge is not mandatory for the customer, but the employer still takes a portion of the charge. (Commonly tipped employees include waiters and waitresses, hosts/hostesses bartenders, bellhops, skycaps and redcaps, hairdressers and barbers, nail salon workers, exotic dancers, and various others). The practical effect is that the employer or supervisors keeps part or even all of the gratuity that the customer intended for the employee. For example, some restaurants and hotels include a mandatory 15% or 20% service charge or gratuity for food service, but distribute only part (or none) of the gratuity to the food servers. Recent court decisions have held that failure to turn over the entire amount of the tip or service charge to non-supervisory workers invalidates the employer’s claim for a “tip credit” against the current minimum wage. Thus many workers who receive only the federal minimum wage of $2.13 per hour (with the remainder of their wages in tips) are due an additional $5.12 per hour worked. Thus, an employee working 40 hours per week would be entitled to $204.80 in back wages for each week plus an equal amount in “liquidated damages.” A full time employee could be due more than $21,299 per year of employment, if the employer diverted some or all of the tips or service charge to supervisory personnel. This amount is due in addition to the amount of tips wrongfully taken. Tip pooling among non-supervisory employees is permissible, but if a supervisor or owner takes a cut of the tip pool, the employee must be paid at least the current state or federal minimum wage per hour ($7.25), by the employer. Another way that workers are cheated is if the tip credit is taken even though workers spend more than 20 percent of their time engaged in non-tipped activities. The Department of Labor’s (DOL) interpretation of FLSA’s dual jobs regulation, that employees who spend “substantial time,” defined as more than 20 percent, performing related but non-tipped duties should be paid at the full minimum wage for that time without the tip credit, has been upheld by the Courts.
Exotic Dancers around the U.S. have been successful in suing their employers for treating them as independent contractors and for unlawfully withholding part of their tips. Getman Sweeney Dunn has successfully handled overtime pay lawsuits for dancers treated as independent contractors. For example, see a prior case for exotic dancers.
Students and recent graduates often take jobs that are called “internships” thereby suggesting that the workers will not be paid a full salary or comparable wage because the position is either an entry-level position or an educational opportunity. Many such “internships” fail to pay minimum wage or overtime. Internships in the private sector are particularly suspect under the law, if they fail to pay minimum wage and overtime pay at time and one half for hours over forty in a week. Some “externships” for credit alone may legally pay no wages at all, if the work primarily benefits the student and does not have the extern performing work that employees would normally do.
The U.S. Department of Labor notes:
The Fair Labor Standards Act (FLSA) defines the term “employ” very broadly as including to “suffer or permit to work.” Covered and non-exempt individuals who are “suffered or permitted” to work must be compensated under the law for the services they perform for an employer. Internships in the “for-profit” private sector will most often be viewed as employment, unless the test described below relating to trainees is met. Interns in the “for-profit” private sector who qualify as employees rather than trainees typically must be paid at least the minimum wage and overtime compensation for hours worked over forty in a workweek.
The Test For Unpaid Interns
There are some circumstances under which individuals who participate in “for-profit” private sector internships or training programs may do so without compensation. The Supreme Court has held that the term “suffer or permit to work” cannot be interpreted so as to make a person whose work serves only his or her own interest an employee of another who provides aid or instruction. This may apply to interns who receive training for their own educational benefit if the training meets certain criteria. The determination of whether an internship or training program meets this exclusion depends upon all of the facts and circumstances of each such program.
The following six criteria must be applied when making this determination:
1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
2. The internship experience is for the benefit of the intern;
3. The intern does not displace regular employees, but works under close supervision of existing staff;
4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.
If all of the factors listed above are met, an employment relationship does not exist under the FLSA, and the Act’s minimum wage and overtime provisions do not apply to the intern. This exclusion from the definition of employment is necessarily quite narrow because the FLSA’s definition of “employ” is very broad.
Visa holders are entitled to enforce the terms and conditions of work they are offered at the time they accept their visas. In addition the Department of Labor establishes certain minimum work standards for visa recipients including payment of at least the prevailing wage in effect for the occupation and location where work is performed. Limits, which vary depending on the visa type, are placed on the costs that employers can impose on workers for obtaining visas and traveling to the United States. Visa holders who may have such claims include H-1B (Specialty occupations), H-2A (Temporary or seasonal agricultural workers), H-2B (Temporary or seasonal non-agricultural workers), H-3 (trainees), and L (intra-company transfers).
Mortgage originators (often called “loan officers”, “account executives”, or other titles) are routinely paid on a mixed commission, or commission plus draw, commission with an hourly floor, or even a salary basis. As the industry has experienced extensive financial shrinkage, banks and mortgage brokers have begun shorting loan officer pay in a variety of unlawful ways. Very commonly, loan officers are not allowed to record all the hours that they work. Also, they are not reimbursed for extensive expenses, such as travel, phone, home office, trainings, etc. Mortgage sales staff, who work from call centers are generally not exempt under any FLSA exemption. Even loan officers who are called outside sales staff are frequently not exempt from the FLSA overtime pay requirement, since they do not routinely consummate sales outside of a home or branch office, but only do promotional work outside the office. Getman Sweeney Dunn has successfully handled numerous cases for mortgage loan officers. Despite years of back pay lawsuits, this industry continues to fail to abide by its obligation to pay loan officers overtime and even minimum wage, as required by law. Currently Getman Sweeney Dunn is handling a lawsuit against Waterstone Mortgage Corporation for its failure to pay overtime and minimum wage and has also recently concluded a $6.25 million dollar settlement with Key Bank’s subsidiary Key Mortgage Corp. for the same violations.
Car mechanics are frequently paid either a salary or an hourly rate. There is no overtime exemption for auto mechanics outside of a dealership and so mechanics must be paid time and one half for all hours over forty in a work week. Some auto dealership mechanics may be exempt, however, and the determination of exemptions at a dealership requires careful review with an attorney.
The FLSA exempts “Salesman, partsman, or mechanics” at certain car or truck dealerships from overtime pay. 29 U.S.C. 213(b)(10). This exemption is very technical, depends on facts which may not be known to employees and which require careful analysis of the law. Many such employees are misclassified as exempt from the overtime law. Partsmen who do not receive most of their pay through commission have recently been held to be covered by the FLSA overtime and minimum wage protections. Additionally, salesmen, partsmen, mechanics, and service-writers must be paid most of any commission based on warranty work. So to the extent that commission payments are primarily derived from a service department’s non-warranty work, the exemption from the FLSA does not apply. The exemption from overtime for mechanics does not include “employees primarily performing such nonmechanical work as washing, cleaning, painting, polishing, tire changing, installing seat covers, dispatching, lubricating, or other nonmechanical work.” “A tow or wrecker truck driver or helper who performs nonmechanical repair work is not exempt.” Such individuals would be covered by the FLSA and must receive overtime pay. The exemption for any service-writers is also highly suspect.
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Getman Sweeney Dunn has filed an overtime pay lawsuit on behalf of home healthcare workers against Humana, Inc., Humana at Home, Inc., and SeniorBridge Family Companies (CT), Inc. for violations of Federal and state overtime laws. The Plaintiff brought the case on behalf of home healthcare workers who worked for the Defendants anywhere in the United States. She claims that the Defendants failed to pay its home healthcare workers overtime as required by state and federal law. She is asking the Court to award her and the class unpaid overtime wages and an equal amount of liquidated damages for failing to pay the wages on time. You can view the Complaint in the case here.
We are looking for people who can confirm facts related to the claims in this case. The law concerning pay for home healthcare workers recently changed—as of January 1, 2015. Now, many home healthcare workers must be paid the overtime premium (“time and a half”) for hours worked over 40, even if they are paid a per diem rate and even if they were told that they are not eligible to get overtime pay. There are only a few exceptions to this law (called “exemptions”).
We are looking for people who are able to verify the pay practices for home healthcare workers who are working or have worked for the Defendants since January 1, 2015. This could include home healthcare workers or other positions within these companies. If you, or anyone you know, might have relevant information, please contact us by phone at (845) 255-9370 or e-mail email@example.com or firstname.lastname@example.org
On August 10, 2005, Congress changed the overtime law for drivers of vehicles with a Vehicle Gross Weight Rating of 10,001 lbs. or less. Drivers of these vehicles were generally exempt from the federal overtime la
w prior to August 2005 (if they carried goods across state lines, or if the goods originated out of state), but now these drivers are not exempt and are covered by the federal overtime law. This change in the law will have a very significant impact for Route Delivery Drivers (for example, Newspaper Route Drivers and sales managers who oversee drivers but also handle routes) and repairpersons (those who carry parts that originated out of state). This change in the law is one of the most positive developments in overtime law in the last two decades. It has gone largely un-noticed in the press and by employers, who may continue to believe that drivers of these vehicles are exempt, simply because they are carrying goods which originated out of state. Getman Sweeney Dunn is making a major effort to ensure that the law is enforced for repairpersons and drivers who are still being denied overtime despite the change in the law.
Mechanical/Electrical/Structural Designers-Detailers-Draftsmen, employees who make fabrication drawings from information provided by engineers or other professionals, are generally not exempt from the Fair Labor Standards Act overtime requirements. While some employees doing this work are paid overtime, many are not. In some industries, such as the oil and gas industry, many employers pay employees in these positions on a salary basis and do not pay overtime, even though federal law requires overtime pay. If your work falls within this category and you worked overtime in the last 3 years but were not paid for it, contact us. We can help determine if you are owed back wages and liquidated damages. If you are, we can help you collect them.
Cable and line installers are frequently treated as independent contractors, even though they work for a single company exclusively, receive pay set by that company, and have no opportunity to increase income other than by working longer hours. Many such installers cannot be legally paid as independent contractors. If installers work more than 40 hours in a week and are not paid overtime premium pay at the rate of time and one half, there may be a valid claim for back pay and an equal amount in liquidated damages. The fact that the company pays such workers as an independent contractor and reports such pay on an IRS Form 1099, does not make this pay practice legal.
If you work in one of the industries described above and are not paid your wages or overtime, contact us: