Overtime Violations

There are countless ways that employers use to cheat their employees out of overtime wages, and the attorneys at Card & Glenn, P.A. have seen them all.  Some of the most common overtime violations include:

1.   Having the employee work off the clock.  This includes having the employee doing prep work before clocking in, or clocking the employee out and forcing them to complete their assignment before being allowed to leave.

2.   Lunch break violations are rampant.  Many employers simply deduct 30 minutes or one hour from their employers time card even though the employee doesn’t take a bona fide break.  The employee has to be completely relieved of all job duties in order for an employer to legally deduct the time from payroll.  This means that if the employee is working for the employer while eating lunch (ie. answering phones, filing etc), the employee must be paid for the entire break.

3.   Classifying an employee as a “salaried” employee.  EVEN THOUGH YOU ARE PAID A SALARY, YOU MAY STILL BE ENTITLED TO OVERTIME WAGES.  Many employees mistakenly believe that since they are paid a salary, their employer can make them work lengthy hours and not pay them overtime.  In many cases, the employer has mistakenly (or willfully) categorized the employer as a salaried employee, and they are simply wrong.  If you do  not have direct supervisory authority over two full time employees, and have the ability to make significant decisions for your employer, please call the attorneys at Card and Glenn to see if you may be entitled to overtime wages.

4.   Classifying an employee as an “independent contractor”.  EVEN THOUGH YOU ARE CLASSIFIED AS AN “INDEPENDENT CONTRACTOR,” YOU MAY STILL BE ENTITLED TO OVERTIME wages.  The test for deciding this questions is called “the economic realities” test.  It’s basically a common sense test:  if you only have one job, and you rely on that job for your living expenses, you are probably NOT an independent contractor.

5.   “ON CALL” time is a hotbed of overtime litigation.  Many employers designate certain days or weekends where their employees are “on call”.  If the employee cannot effectively use the time off, it should probably be calculated as part of the employees wages.

6.   Your timecard is altered to reflect that you always work exactly 40 hours per week (or less), when in reality you work more.  If so, call the attorneys at Consumer Law Organization, P.A.  toll free (877) 921-9133 to see if you are entitled to overtime wages.


If you have any questions about overtime violations, click here to ask one of our Florida Overtime attorneys.