Common Wage and Hour Questions

1) MY EMPLOYER REQUIRES ME TO WORK OFF THE CLOCK.  CAN I
RECOVER OVERTIME NOT SHOWN ON MY TIME SHEETS?
Yes.  In fact, this is one of the most common type of overtime claims.

2) IF MY TIME SHEETS ARE NOT CORRECT, HOW CAN I PROVE MY HOURS WORKED?
When an employer keeps inaccurate records, the law allows employees to use
any reasonable means to prove hours worked.  In many cases we have used
telephone records, computer log-ins, cash register records, dispatch or service
records, security records and other sources to prove off-the-clock hours.  If
time records are inaccurate, an employee’s own estimate can suffice.  (e.g. AI
worked an average of 10 hours per week of the clock@)

3) WHAT IF MY EMPLOYER DOES NOT PERMIT UNAUTHORIZED
OVERTIME?
This is typically not a defense.  If an employer knows or even has reason to know
you are working overtime and suffers or permits the work, the employer must
pay.

4) WHAT IF I AGREED TO THE EMPLOYER’S UNLAWFUL PAY PRACTICE?
Consent is no defense, an employee generally cannot waive his or her minimum
wage and overtime rights.

5) WHAT IF I CANNOT AFFORD TO HIRE AN ATTORNEY?
We handle minimum wage and overtime cases on a contingency basis.  There is
no fee up front and we get paid only when we recover a settlement or judgment.

6) WHAT IF I AM PAID A SALARY?
Being paid a salary does not automatically make an employee exempt from
overtime.  The employee must also have actual duties which are exempt in
nature.  We can evaluate your job to advise as to whether your are truly exempt.

7) I AM ONLY OWED A SMALL AMOUNT OF WAGES.  IS MY CLAIM WORTH PURSUING?
We handle both large and small claims.  We can do this because the overtime
and minimum wage laws may allow recovery of liquidated damages and
attorney fees from the employer.  After reviewing the facts, we can advise you,
without obligation, whether we believe your case is worth pursuing.

8) HOW CAN I FIND OUT MORE?
Contact Attorney Bush at 330-743-5101 or rbush@green-haines.com.

by Atty. Richard Bush

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