The Powell Law Firm represents individuals and groups who have been deprived of legally mandated minimum wage and/or overtime pay. In general, the law requires that most employees in the private and public sectors be paid at least the federal minimum wage as well as overtime pay at 1.5 times the employee’s regular rate of pay for every hour of work per week over 40 hours. There are several exceptions (called “exemptions”) to this general rule. The most common exemptions are for certain executive, administrative, and professional employees, including teachers and academic administrative employees in elementary and secondary schools; however, there are many specific jobs and industries that are exempt from the general requirement that an employer must pay minimum wage and/or overtime.
In the eyes of the law, there are certain employees who are entitled to minimum wage and/or overtime pay, and there are certain employees who are not. Entitlement to such pay is governed almost entirely by the nature of your work and job duties. The rules regarding who is and is not entitled to such pay are vast and confusing. A good way to remember these rules is that, if you perform manual labor and/or are an “hourly” employee (meaning that you are required to clock-in or otherwise keep track of your hours, and your pay fluctuates based on a differential in your hours worked), then you are probably entitled to minimum wage and overtime pay.
Despite the fact that the federal minimum wage and overtime law was passed in the 1930s, many employers run afoul of the law, either intentionally because they do not want to follow the rules and pay the required compensation or unintentionally because they do not understand the law. Below are some common violations committed by employers:
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