Below, find a list of common employer violations:

Off the Clock Work

Do you regularly perform work before or after your shift for which you are not compensated? Do you eat on the job or get less than 30 minutes for lunch? Are you not allowed to put in for overtime when you are doing job training? If you answered yes to any of these questions, you may be unlawfully underpaid. 

FLSA Misclassification 

Do you receive less than time-and-one-half your regular rate of pay for overtime work? You may be unlawfully underpaid if:

  • you don’t supervise or manage anyone
  • you aren’t a certified professional (i.e. RN, lawyers, vets, certified teachers, etc.) and performing the work of the profession as your primary job duty
  • a majority of your time is spent performing duties that directly align with the mission of the agency
  • a majority of your time doesn’t involve the internal workings of an agency (i.e. auditing, human resources,  procurement, accounting), and even if it does, you don’t make decisions about matters of significance for your agency

Miscalculating the Regular Rate

Is FLSA time-and-a-half overtime you are being paid calculated correctly? Agencies must include longevity pay, shift differentials, hazardous duty pay, annual bonuses, and employee performance or contest awards in calculating your regular rate. When they don’t, you are being unlawfully underpaid.

Untimely Payment

Does your agency pay you overtime the next pay period after it is worked?  If not, and you are receiving overtime late, you are being unlawfully underpaid.

Forced to Take Comp Time instead of OT

If you are classified as FLSA non-exempt you cannot be forced to take compensatory time in lieu of overtime unless you or your representative agrees. If you are currently forced to take comp time, you may be unlawfully underpaid.

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