Unpaid Overtime Law Firm

The Law Offices of Kevin J. Dolley, located in St. Louis, Missouri, provides representation to employees, groups of employees and employers in disputes over unpaid overtime, including representation in collective and class action litigation. Failure to pay overtime wages may result in a violation of the Fair Labor Standards Act (FLSA) and allows for recovery of double damages for employees in the form of liquidated damages. Federal law requires time and a half or 150% wages for time worked in excess of the 40 hour work week. Disputes over unpaid overtime may be based upon the refusal to pay overtime compensation or a failure of the employer to properly comply with federal overtime regulations. Determination and proof of hours worked is often based upon whether the employer maintained sufficient documentation of time and hours worked by its employees.

Misclassification of Employee as Exempt from Overtime Pay

Many overtime actions under the FLSA are based upon the misclassification of an employee as an exempt or salaried employee, when the employee should properly be classified as an employee entitled to overtime compensation for hours worked in excess of the 40 hour work week. With a few exceptions, most employees are entitled to overtime compensation, even if considered a salaried employee by the company.

Proof of misclassification may come in the form of a change of a position from an hourly to a salaried position. This type of evidence may establish that there were questions as to the applicability of an exempt classification for the position. Employers often believe that by labeling employees as exempt, salaried employees that they are not entitled to overtime benefits. This label created by the employer is not likely to be dispositive in determining whether or not overtime benefits must be provided for hours worked in excess of 40 hours per week.

Preparing for Work and Leaving Work Compensable Time (Donning and Doffing)

The time preparing for work and leaving the workplace is commonly considered compensable work time. The failure to pay employees for the time it takes to put on or take off uniforms, equipment or safety devises at the beginning or end of a work shift often constitutes a violation of the FLSA. Further, the requirement that an employee get to work early or stay late to complete work is often considered an unpaid overtime violation. Additionally, requiring work before the work shift actually starts or after the shift is considered to have ended is also a likely violation of the FLSA and state law. Work that the employer knows is performed at home or otherwise not compensated work is also common areas of FLSA litigation.

Uncompensated Overtime

If and when the employer is aware of additional work being performed by employees outside the 40 hour work week, the FLSA likely mandates the payment of overtime compensation. Examples of disputes include questions over the employer's refusal to pay for overtime that was not approved or authorized. Further, an employer's requirement that work be corrected or redone on an employee's own time further likely constitutes an FLSA violation.

Uncompensated Work Time

All time spent at work for the benefit of the employer and its business is likely considered compensable work time. The FLSA does not allow for some work to be not compensable because the employee was not doing anything other than being at the workplace. Work time further includes time spent working at home, during lunch breaks or before or after the work shift. The location of the place that work is performed is not likely to prevent such work performed from being compensable work time. Further, private employers are not permitted to provide "comp" time instead of paying overtime benefits to employees.

Contact an Unpaid Overtime Attorney

Please feel free to contact attorney Kevin J. Dolley directly to discuss an unpaid overtime dispute. Mr. Dolley may be contact directly at 314.645.4100 or by email at Kevin@dolleylaw.com. All consultations are confidential and held in the strictest confidence.