An employer is required to pay you the legally mandated minimum wage and/or overtime pay. While there are several exemptions from this general rule, many employers either intentionally deprive employees of their guaranteed pay rates or unintentionally underpay an employee because they do not understand the law. Either way, this can be a violation of federal and state law.
Misclassified exempt employees. Some exemptions include executive, administrative, and professional employees. However, just because an employer calls you a "manager" or other job title that sounds like it should be exempt, this does not mean they can escape paying you overtime. Your specific job duties are more determinative of whether you are entitled to overtime or not.
Independent contractors. Also, some employers may attempt to classify you as an independent contractor to avoid paying you minimum wage and/or overtime. If your employer exercises significant control over your activities, you may have been misclassified as an independent contractor and may be entitled to further pay and benefits.
Breaks and off-the-clock job tasks. Another common problem involves an hourly employee who is required to perform work during breaks, travel between work sites, or perform other tasks at the beginning or the end of the day before or after you clock out.
There are many other situations where an employer may not be paying you the wages to which you are entitled. An employment attorney can review your situation to determine if your rights have been violated.
Remember: Some laws only allow you to recover for two years (in some instances three years) from the date you file your lawsuit. It is important to contact an attorney as soon as possible or risk losing compensation that is rightfully owed to you.
If you believe that you are not being paid correctly, contact St. Louis employment attorney Ryan Furniss immediately to discuss your situation. Ryan offers a free, confidential consultation about your rights and legal options. The Furniss Law Firm takes employment law cases throughout the St. Louis metropolitan area and Metro-East, the Kansas City metropolitan area, outstate Missouri, the Chicago metropolitan area, and downstate Illinois.
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