Corren & Corren regularly represents both employees and employers in a multitude of different wage and hour matters including:
- Overtime issues
- Minimum wage issues
- Meal & rest breaks
- Waiting time penalties
- Itemized wage statements
- Employee verses independent contractor issues
Generally, employees must be paid their regular rate of pay for all hours worked up to 8 hours in a day and up to 40 hours in a week. When employees work more than 8 hours in a day or more than 40 hours in a week, generally they are entitled to overtime compensation unless they are defined as an exception or exemption such as certain types of management employees.
Employee or Independent
Sometimes companies misclassify workers as independent contractors to avoid having to pay overtime compensation and potentially avoid other employment laws. The issue of control is usually the most significant factor in determining whether a worker is an employee or an independent contractor. In other words, does the person for whom the work is performed have control or the right to control the worker as to the manner or means in which the work is performed. If sufficient such control exists, the worker can probably be legally identified as an employee.
Meal & Rest Breaks
Employees are usually entitled to meal and rest breaks during the work day. Employees must typically be provided one paid 10 minute rest break for every four hours worked. Employees must also be typically provided with an uninterrupted 30 minute meal break within the first 5 hours of their work day. Employers who fail to provide such breaks to their employees may be responsible for paying significant monetary penalties.
Itemized Wage Statements
Employers must also usually provide accurate itemized wage statements when they pay their employees. Wage statements must include gross wages earned, total hours worked, all payroll deductions, net wages earned, the date for which the employee is being paid, and the applicable employee's rate of pay.
If you are an individual or company involved in a wage and hour matter, please contact our office for a free consultation.