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Labor and Employment Law Practice Areas
Wage and Hour Law
FLSA Wage and Hour Law
FAQs on the FLSA
Missouri Wage and Hour Law
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Regular Rate of Pay
Compensability of Work Time
Meal and Rest Break Law
Fluctuating Work Week Overtime
Tipped Employees
FLSA Exemptions
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Employment Law
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2726 S. Brentwood Blvd. St. Louis MO 63144

FLSA Wage and Hour Law

The Law Offices of Kevin J. Dolley handles all types wage and hour disputes under the FLSA, its regulations, possessing decades of knowledge in this area of law and its developments throughout the United States from its offices in St. Louis and Kansas City, Missouri.

Disputes over overtime wages may be based upon a variety of different circumstances, from an alleged failure by an employer to pay overtime, to questions over proper calculation of overtime wages, to compliance with federal overtime regulations. These disputes often include claims by employees of having to work "off the clock," sometimes without the knowledge of the employer. In these disputes, a key issue often centers around whether the employer maintained sufficient documentation of time and hours worked by employees each workweek.

Misclassification as Exempt from Overtime Pay

The modern day "gig economy" has raised many questions about the traditional distinction between employees and independent contractors. In wage and hour disputes, this distinction is key. Many overtime lawsuits under the FLSA are based upon a claim by an employee or group of employees that their employer misclassified them as "independent contractors" to avoid paying overtime wages (and also, perhaps, to avoid paying employer payroll taxes). These lawsuits involve fact-intensive questions regarding the nature of the relationship between the parties, including the extent to which the company exercises control over the worker and his or her work.

Proof of misclassification may come in different forms, from corporate restructuring and use of former employees as "subcontractors," to a shift by an employer to pay individuals with Form 1099's instead of Form W-2's. The law does not concern what companies name or call their employees; the misclassification question hinges upon many factors related to the economic realities between the parties. Our Firm has successfully litigated such issues in misclassification cases.

Exemptions from Overtime Pay

Federal and state laws requires non-exempt employees receive time-and-a-half wages (i.e., pay at 150% of the regular wage rate) for hours worked in excess of 40 in a workweek. However, not all employees are entitled to overtime wages. Federal and state wage and hour laws provide that certain types or classes of workers are "exempt" from their pay requirements. These exemptions vary greatly, covering professional, executive, and even certain administrative employees. And, each of these exemptions has several specific requirements which must be satisfied for the claimed exemption to be valid.

Many claims of unpaid overtime will rise or fall based upon whether "exemptions" apply. However, being a salaried employee does not mean an employee is automatically exempt from overtime or properly classified as exempt.

Like misclassification cases, questions regarding exemptions often involve fact-intensive inquiries about an individual's job and day-to-day responsibilities, not just their job title or how they are paid (e.g., hourly, salaried, piece-rate, etc.). Many employees and employers simply do not know about these exemptions or the details of them, resulting in needless uncertainty about potential rights, damages and/or liabilities. Ensuring that exemptions are properly determined and applied protects employee wages and protects business from unanticipated payroll and other liabilities.

Our Firm has the knowledge and experience that is necessary to properly advise and deal with questions regarding FLSA exemptions.

Compensable Time Before, During, and After the Workday

Overtime cases often involve claims of unpaid work at some point during the workday, whether during a break or at the beginning or end of the day. Generally, time spent at work for the benefit of the employer and its business is considered compensable work time. Even the time preparing for work at the workplace and the time spent leaving the workplace are commonly considered compensable work time. For example, the failure to pay employees for the time it takes to put on or take off uniforms or protective equipment at the beginning or end of a work shift may lead to violation(s) of the FLSA. But this is not always the case; sometimes pre- and post-shift tasks are not compensable because the nature of such activities and their relationship to the employee's essential job duties in determining whether such time is compensable under the FLSA. By way of another example, a requirement or expectation by the employer that employees get to work early before their shifts or stay late to complete work after their shifts, without additional pay for that time, may lead to violation(s) of the FLSA. Compensable work time may extend to work performed during breaks or remotely at home, if the employer has knowledge of the work performed.

Our Firm has extensive knowledge and experience with issues related to the compensability of time spent at work, including pre- and post-shift work. We are familiar with decades of law and legal principles regarding the compensability of work time. This is especially important now considering the ever-shifting nature and location of the workplace given the widespread use of technology in the modern economy. We work closely with clients to help them understand the rights and obligations applicable to the workplace across many different industries.

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Please feel free to contact our Firm to discuss an overtime issue or dispute. All consultations are confidential and held in the strictest confidence.

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The Law Offices of Kevin J. Dolley represents clients in labor law, employment law and employment discrimination matters throughout the State of Missouri, including St. Louis, St. Louis County, St. Charles County, Boone County, Jefferson County, Lincoln County, Jackson County, Phelps County, Franklin County, Ste. Genevieve, St. Clair and the Cities of St. Louis, Kansas City, St. Charles, O'Fallon, Lake St. Louis, Hillsboro, Troy, Clayton, Rolla, Columbia, Jefferson City, Kirksville, Farmington, Cuba, Augusta, Union, Maryland Heights, Cape Girardeau and Springfield.
Law Offices of Kevin J. Dolley, LLC - Missouri Employment Lawyer
Located at 2726 South Brentwood Blvd. St. Louis, MO 63144. View Map
Phone: (314) 684-8180 | Local Phone: (314) 645-4100.