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Most Common FLSA Violations

COMMON FLSA VIOLATIONS

• Misclassifying Salaried Workers as Ineligible for Overtime Pay: Some companies pay workers a salary (instead of an hourly wage) and then tell the worker that she in not entitled to overtime because she has a managerial or administrative job title. In fact, many salaried workers are entitled to overtime pay. Whether a salaried worker is entitled to overtime depends on her actual job duties, not her job title.

• Independent Contractors: Some companies refuse to pay workers overtime by calling them “independent contractors” instead of “employees.” But whether a worker is not an independent contractor depends on the specific, real-life circumstance of his employment. A worker is not an independent contractor just because the company says so.

• Failing to Pay for All Time Spent Working: Some companies fail to give workers credit for all hours worked by requiring them to perform job-related duties “off the clock” or by using timekeeping practices that do not give credit for all time spent performing work-related duties. Under the law, it is the company’s responsibility to maintain a timekeeping system that captures all compensable time.

• Allowing Work During Meal Breaks: Some companies allow workers to perform work during meal breaks or require workers to be “on duty” during the meal break. Under the law, it is the company’s responsibility to ensure that workers do not perform work related duties during meal breaks.

• Rest or Meal Breaks of Less than 20 Minutes: Generally, workers must be paid for scheduled rest or meal breaks of less than 20 minutes.

• Pre-Shift and Post-Shift Activities: Many workers are required to pick-up, wait for, put on, clean, or maintain required clothing or gear that is necessary for the performance of their jobs. For example, almost all workers in the meant an poultry industry are required to wear sanitary and protective gear before arriving at the work station for the start of their shift. Many other workers must ready machines or computers at eh start or end of the workday. Workers generally are entitled to be paid for time spent performing pre-shift and post-shift activities. They also are entitled to be paid for time spent traveling fro the equipment pick-up area to their work station.

• Call Center Workers: Many call center workers are required to perform duties before and after the beginning of their paid shift. For example, some companies require call center workers to prepare and submit reports at the conclusion of their workday. These kinds of company-mandated activities generally are compensable work.

• Mortgage Loan Officers: Some mortgage companies illegally classify their loan officers as ineligible for overtime pay, even though these workers routinely work over 40 hours per workweek. In fact, many mortgage loan officers who spend the majority of their time working inside the mortgage company’s facility are entitled to overtime.

• Averaging Long and Short Workweeks: Most workers are entitled to “time-and-one-half” overtime pay for all hours worked over 40 in a single workweek, which is defined as a period of seven consecutive days. With some exceptions, companies cannot avoid paying overtime by trading a “long” workweek against a “short” workweek.

• Compensatory Time: Most hourly workers not employed by the government are entitled to a monetary payment for overtime work. This overtime pay must be calculated at 150% of the worker’s regular rate of pay. It generally is illegal for private sector employers to pay non-monetary “compensatory time” (or “comp time”) benefits instead of money.

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Carroll & Carroll, P.C.
100 Center Street
Athens, PA 18810

Phone: (570) 882-8683

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