overtime pay Archives - The Poliquin Firm

Interview on Delmarva’s Talk Radio – Employment Law

Katherine Thomas — Fri, 16 Jul 2021 02:30:00 +0000

Ron Poliquin, talks with Delmarva's Talk Radio host Dan Gaffney on Delaware Employment Law and Discrimination. Ron shares some examples of cases where he represents employees fighting to protect their employee rights.

Feel free to leave us a comment and follow The Poliquin Firm on Facebook . We hope you find the interview helpful.

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COVID Employee Alert

Katherine Thomas — Sat, 04 Jul 2020 10:18:00 +0000

Ron Poliquin, DoverLawOffice.com,

This is a COVID employee alert on unpaid wages and overtime. There has been an uptick, extreme uptick, in the number of unpaid wage claims since the pandemic. There are many employers out there who are closed for various reasons, who are expecting employees to go weeks and sometimes months without pay and using the pandemic as an excuse.

This is not only wrong; it is illegal, and employees have remedies to solve these problems. Employees should not be expected to work without pay or work beyond 40-hours a week without getting paid overtime pay. The government has put in place many programs for businesses such as the Paycheck Protection Program to help employers get through this trying time. That does not mean that employees need to be sacrificing their pay for employers.

Another thing that has happened is that employers are asking employees to switch from salary to hourly. Now the whole point of going from hourly to salary is that you don’t have to work 40-hours a week. You are basically paid for your time and they are not keeping hours. But, because of the pandemic there are some employers who are asking or unilaterally switching employees pay from salary to hourly, so be careful of that. Don’t be a sucker, don’t let emotions, don’t let employers manipulate you.

There are many employees who are sacrificing their pay, their time with their family because they believe that they owe some loyalty to these employers or their boss. It is great to have loyalty but one of the principles of this country is that you should get paid for what you do and paid for your work. So, make sure you are getting paid if you have any issues you come see me, Ron Poliquin DoverLawOffice.com, or see an otherwise qualified employment attorney and make sure you assert your rights. Be you own best advocate.

Thank you!

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Are You Owed Overtime Pay?

Ron Poliquin — Thu, 19 Sep 2019 18:23:32 +0000

Ron Poliquin, DoverLawOffice.com. The Fair Labor Standards Act entitles you to time and a half if you work over 40 hours a week unless you’re an exempt employee. It’s probably one of the most abused and violated employment laws in the country.

We’re going to go over some misclassifications as far as who’s likely to be owed overtime and you’re not getting paid overtime. So, in the tradition of Jeff Foxworthy, he tells those ‘you might be a redneck joke’, well we’re going to tell a listing of ‘you might be paid overtime’. So instead of it might be a redneck, you might be owed overtime.

If you’re a manager but you don’t manage anything, you do everything everyone else does you are probably owed overtime. These fake manager exemptions say they classify employees as managers or assistant managers when their job duties are essentially the same as the employees who supposedly work for them. Always be careful of the title shift supervisor, that’s always a red flag for somebody that is basically in charge of nothing and it’s probably owed overtime.

If you get paid a salary of less than four hundred fifty-five dollars a week, per the Fair Labor Standards Act ad you work over forty hours a week you’re probably owed overtime. If you’re required or expected to work off the clock, meaning you’re working 15 minutes before you clock or 15 minutes after you clock out sometimes this becomes part of the work culture, you’re probably owed overtime.

If you’re required or expected to work through unpaid rest or meal breaks, you’re probably owed overtime. If you’re required or expected to do extra work at home, like you bring a bunch of work home and you’re not compensated, you’re probably owed overtime.

If you take a lot of time to put on and take off protective gear and clothing at the worksite and aren’t paid for it, you are probably owed overtime. If you’re required to report to a particular location, like you’re transported or you drive to work and then you’re transported to another worksite and you’re not paid for that time, you’re probably owed overtime. If you’re not paid for training and other mandatory activities, you’re probably owed overtime.

These are mandatory laws you are owed the time that you work, and you are owed time and a half if you work over 40 hours a week and you’re not listed under the exemptions. So be educated and find out what you need to find out. If you are under this list be sure to look further to see if you’re owed overtime.

DoverLawOffice.com, Thank you!

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