Transcript:
00:00:00
So wage theft can take many forms. First, we need to differentiate between an employee who is a salaried employee and an employee who is an hourly employee. So typically, the law would allow an employer to legally pay someone an annual salary as opposed to being hourly if they are a professional, if they are deemed to be an administrative person such as an office manager,
00:00:23
or if they’re an executive or supervisor. Under those scenarios, the person could be paid an annual salary for the unlimited amount of hours that they’re working. And there really is no nine to five job. I mean, they can work as many or as few hours as the employer would deem appropriate for that annual salary. That’s entirely legal. However, in contrast, if you are not a supervisor,
00:00:48
Payment of a salary may mask the fact that you’re really an hourly employee. You report to a supervisor, but you don’t manage any employees. And so in that scenario, if you’re deemed to be an hourly employee, simply because an employer says they’re paying you a salary does not answer the question.
00:01:07
And you can certainly analyze whether or not what’s the hourly equivalent of the annual salary you’re being paid. It’s very easy to Google that. You could get a ballpark of what that hourly rate would be. And you would raise that to your employer. If you are deemed an hourly employee, then you might be entitled to overtime pay if you’re working more than 40 hours a week. And if they don’t pay you overtime pay, that’s illegal. In addition, if the employer requires you to work off the clock,
00:01:33
That may be compensable unpaid wages. So, for example, you’re an hourly employee, you perform your duties, and then late into the evening, they’re asking you to do other things that are off the clock. That’s not permissible under the law if you’re an hourly employee. If you’re working for the employer, you are entitled to get paid for that time.
00:01:56
Now, let’s assume for argument’s sake that you also are required as part of your job to drive to a client’s site to perform work, but you normally work from the employer’s office. Your driving time to that site could be compensable as wages that you should be paid because you’re performing job for the employer, and it’s not like you’re just driving from your home to work. You’re actually driving to a client’s site to do work, and so you should be paid for that time.
00:02:24
And the last scenario I want to share with you that’s potentially a common ground for wage theft is what we call donning and doffing. So if you are required to wear a uniform and to gather materials to do your job, such as a cleaner, for example, in an office building,
00:02:40
And you’ve got to wear a uniform. The time that you put on that uniform when you get to the office building, you should be compensated for. That’s not considered off-clock time. And so those types of things you want to explore with an employment lawyer. If you would have any questions, please feel free to come to Eric Siegel Law. We’d be happy to explore with you and see what rights you have to get wages you’re owed.
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