The Blog Of Kennedy Hodges Your Texas Labor Law Attorneys

State Farm Paying $5 Million for Failing to Pay Inspectors in California

Wed, 12 Jun 2013 00:00:00 EST

State Farm Mutual Automobile Insurance Company has agreed to settle a class action suit for $5 million. In the case, the plaintiffs who were vehicle damage inspectors employed in California by State Farm claimed that the company failed to pay them for all of the time they spent working.

The plaintiffs allege that under California law, they were classified as hourly, nonexempt employees, which means that they must be paid overtime. They claim that between December 23, 2007 and May 31, 2013 they were not paid all of the wages to which they were entitled.

The plaintiffs who work in the field claim that they should have gotten paid for time they spent at home getting their daily schedules and answering emails. They also allege they weren’t paid for driving to their first assignments or driving home from their last assignments. Instead, they were typically paid for only 7.75 hours each day, when they actually worked about 9.5. Instead of proceeding to a trial, State Farm agreed that settlement would be in its best interests.

Unfortunately, many companies across the country fail to pay workers all the wages to which they are entitled. In many cases, employees don’t get paid for all of the standard hours they work, and in some cases they don’t get paid overtime either. This is illegal, and if you haven’t been paid the wages to which you are entitled, you should seek legal compensation.

Call the employment law attorneys at Kennedy Hodges at 888-449-2068, or visit us on YouTube, Twitter, or Facebook. We help workers across the country seek payment for their unpaid wages.

Cable Installers: The Time You Spend Waiting Could Mean Overtime Pay

Wed, 12 Jun 2013 00:00:00 EST

As a cable installer, you often spend a lot of your workday waiting—whether you’re waiting for a job to come in or waiting for a client at the jobsite. Unfortunately, many cable installation employees are cheated out of some of the wages they deserve because their employers don’t keep track of the time they spend at work before, after, and between individual installation jobs.

Cable Installers Could Be Entitled to Overtime Pay for Hours Spent Waiting at Work

Many employees who install cable or satellite are unaware that, even if they are paid on a per-job basis, they could be owed overtime pay if they work in excess of forty hours a week. To calculate this, your employer should be keeping track of both the time you actually spend on installation jobs and the time you spend waiting as part of your job duties, including:

Time you spend waiting for an installation job
Time you spend waiting for clients
Time you spend waiting at the company office
Time you spend on paperwork or other duties during “down time”
Time you spend traveling to, from, and between jobs

If you are unsure if you are entitled to overtime pay as a cable installer, a Houston unpaid overtime lawyer with Kennedy Hodges would be happy to meet with you in a free and confidential case review today. We can review your job duties, offer solid guidance, and answer all of your questions about wage law and overtime pay. Please reach out to us today at 1-888-449-2068 for help.

Don't Get Tricked into Unpaid Work as a Texas Service Technician

Mon, 03 Jun 2013 00:00:00 EST

Many Texas service technicians get tricked by their employers into putting in hours that they are not properly compensated for—whether they’re missing out on overtime pay or putting in off-the-clock hours. Although there are many types of wage and overtime scams that affect repair and service technicians in Texas, there are two main ways employers trick technicians into doing unpaid work:

Requiring you to perform work duties on your own time. You should be compensated for all work-related duties you perform, including filling out paperwork, keeping your work vehicle in working order, attending training and meetings, loading supplies and equipment, and driving between worksites.
Misclassifying service technicians as exempt employees to avoid paying overtime. Most service and repair technicians should be eligible for overtime pay, but some employers willfully misclassify employees to avoid the expense of paying you the time-and-a-half wages you deserve. Even if you are paid by project or receive a salary, you could have a right to pursue your unpaid overtime wages.

If you believe you aren’t being paid the wages you deserve as a Texas service technician, an experienced Houston overtime attorney with Kennedy Hodges would be happy to speak with you today at 888-449-2068. We offer a completely free and confidential case review, and we can explain more about your rights and options for pursuing unpaid wages. Additionally, you can request a copy of our completely FREE book, 10 Biggest Mistakes That Can Hurt Your Wage & Overtime Claim, which will explain more about how to protect your rights and get help.

"Independent Contractor" vs. "Employee:" How Should you be Classified?

Tue, 28 May 2013 00:00:00 EST

What is the Difference between Independent Contractors & Employees? Does it Matter for Overtime Purposes?

The answer is: Yes! There is a big difference between independent contractors and employees, and it matters for several reasons. In general, an "employee" is a person who works full-time or part-time under an employment agreement negotiated with his employer, while an "independent contractor" is a person who is self-employed and provides services to a client.

There are many factors that go into determining whether a worker is an independent contractor or an employee. It's not always a clear cut answer. To determine if a worker is an employee or an independent contractor, it is important to look at the type and quality of work that person is to provide. A person will generally be categorized as an employee given the company exercises a greater amount of control over his working schedule and job requirements. For example, who is in charge of how the work is performed? Is the worker's schedule set by the company, or not? Is the employment duration for a particular period of time or task, or is it ongoing? Who provides supplies such as uniforms, tools, supplies and expenses - the company or the worker? How is the worker paid - hourly or by the job that is done? Where is the work performed?

Businesses normally prefer to classify a worker as an independent contractor over an employee because normally there is less liability and less paperwork associated with the actions of an independent contractor.

One major reason it is important whether an employer classifies a person as an independent contractor as opposed to an employee is for the purpose of calculating overtime payments and wages earned. Independent contractors are not required to receive overtime pay, whereas employees are required by law to be compensated for time devoted to working after their normal working hours have been completed. This can vary depending on the state in which one works.

If you believe that you were improperly classified as an independent contractor when you were actually an employee and you consequently are due overtime pay, you may have a right to legal compensation. Call the overtime attorneys at Kennedy Hodges at 800-391-9935 to learn more about how you can be compensated for these hours and exercise your legal rights.

Nine Signs You May Be Misclassified as an Independent Contractor

Sun, 26 May 2013 00:00:00 EST

Compared to employees, workers who are classified as independent contractors do not have the same rights to overtime pay and other benefits under federal and state labor laws. Unfortunately, many employees have been misclassified as independent contractors when they should rightfully be treated as employees.

Nine Signs You Have Been Misclassified as an Independent Contractor

If you are an independent contractor, here are nine signs that you might be misclassified and have rights to unpaid overtime and other benefits:

You work full time for the same company.
You perform your work at a company-owned workplace and must report at an employer-designated certain time.
Your employer dictates how you perform your job duties.
You are paid by the hour instead of by the project.
You report directly to a supervisor with the company, and your work progress is regularly reviewed.
You are not the sole proprietor of your own business.
Most of the equipment you use to perform your job is supplied by your employer.
You are required to attend training sessions and education provided by the employer.
You must personally perform your job duties and cannot hire additional help or assign your work to others.

If one or more of these signs sound familiar, or if you have questions about your rights to unpaid overtime wages, a Texas overtime attorney would be happy to provide guidance. For a free and confidential consultation, please reach out to Kennedy Hodges at 888-449-2068 or by filling out the convenient contact form on this page.

Even Classically Exempt IT Professionals Could Be Entitled to Overtime

Tue, 21 May 2013 00:00:00 EST

Even if you believe you are exempt from overtime pay under the computer professional exemption, it might be worth checking into your rights. Many computer professionals—even those who hold advanced certifications or perform supervisory duties—are misclassified as exempt employees when, in reality, their actual job duties should mean that they are entitled to overtime wages.

Your Rights to Overtime Pay Are Not Based on Your Job Title

Whether or not you are entitled to overtime pay as a computer professional isn’t necessarily based on your official job title—and that’s a big reason why so many IT workers are misclassified as exempt. What really matters is the type of work you actually perform and the amount of time you spend performing those tasks as a part of your overall duties. Although you may believe you are exempt from overtime wages because you are a “Team Lead” or hold advanced certifications, you could be owed unpaid overtime if you spend less than half of your time performing these skilled duties.

If you are an IT worker and have questions about your status under the computer professional exemption, please reach out to an experienced Texas overtime lawyer with Kennedy Hodges today at 888-449-2068. We are dedicated to helping workers get the compensation they have rightfully earned, and we would be happy to review your case in a completely free consultation to talk more about your rights and options. Additionally, we recommend that you request and read a free copy of our important book, 10 Biggest Mistakes That Can Hurt Your Wage & Overtime Claim, to learn more about protecting your rights.

Bookkeepers May Be Entitled to Overtime Pay for Meetings and Training

Fri, 17 May 2013 00:00:00 EST

As a bookkeeper or clerk, you work hard to make sure the books balance every month, and you should be getting paid for the time you spend performing work duties. Unfortunately, many companies try to cut costs by scheduling mandatory meetings and training sessions after hours or during unpaid lunch breaks. Although this time should be your own, you wind up sitting through a meeting or training that you’re not getting paid for—let alone receiving the overtime pay you probably deserve and are rightfully entitled to. Here are some ways employers may trick you into putting in unpaid overtime:

Unpaid lunch meetings. Although they may try, your employer cannot force you to attend a lunchtime meeting without compensating you for the time you put in.
Unpaid training meetings. Whether you’re training a new employee or receiving training on a new policy, procedure, or computer system, you deserve to be paid
Sitting in on meetings or training sessions. Even if you’re simply supervising training or listening in at a greater company meeting, you are still performing professional duties and deserve to be compensated.

If you are a bookkeeper or clerk and believe you have been working unpaid overtime for meetings and training, please reach out to an experienced overtime attorney with Kennedy Hodges today at 888-449-2068. In a completely free consultation, we’d be happy to review your potential case, answer any questions you may have, and provide direction on what to do next.

To learn more about protecting your rights to overtime pay, please also request your FREE copy of our important book, 10 Biggest Mistakes That Can Hurt Your Wage & Overtime Claims: Essential Guide for the Non-Lawyer.

Pride and Unpaid Overtime: What Accountants Should Know

Sun, 12 May 2013 00:00:00 EST

If you are an accountant who is not licensed as a CPA, there is at least some chance that you are working unpaid overtime. Unfortunately, some professionals may let their egos get in the way of pursuing the compensation they have earned and are hesitant to “stoop” to pursuing an overtime claim or questioning an advanced job title. Here are two major reasons accountants fail to pursue overtime pay they have earned:

You might be misclassified as an exempt employee. Although you’ve been given a fancy title that features words like “Senior” or “Executive,” your actual job duties might not reflect the exempt designation you’ve been stuck with, and it’s possible that you have been misclassified and are entitled to overtime pay. If you have questions about exemptions, job duties, and job titles, please reach out to an overtime attorney who can review the details of your specific case and provide guidance.
You might be too afraid or embarrassed to pursue a claim. Even if you don’t have a CPA, you are often still considered a white-collar worker. You may be embarrassed about pursuing the wages you are owed or fear retaliation from your employer.

To learn more about your rights to overtime pay as an accountant, please also request your FREE copy of our important book, 10 Biggest Mistakes That Can Hurt Your Wage & Overtime Claims: Essential Guide for the Non-Lawyer. And, if you’d like to speak with an experienced Texas overtime attorney in person, please reach out to us at 888-449-2068 today.

Retail Workers Beware: 3 Tricky Ways Employers Avoid Paying Overtime

Fri, 03 May 2013 00:00:00 EST

Some retail workers struggle with their employers to simply get paid what they are owed, and some employers may resort to tricky tactics to avoid paying time and a half for overtime hours. Here are a few common tactics used to avoid paying overtime to retail employees:

You’re asked to perform some job duties when you are not clocked in. Does your employer routinely ask you to work through your unpaid lunch hour? Are you expected to perform some job duties before you clock in or after you have clocked out? You deserve to be paid for the work-related duties you perform. These kinds of unpaid hours add up, and some retail workers are surprised to find out they should have been paid regular wages—or even overtime wages—for duties performed off the clock.
Your employer altered your time sheet to avoid paying overtime. Some employers may attempt to alter your clock-in or clock-out times, the days you worked, or the number of hours you worked in order to avoid paying you time and a half for overtime hours.
You are classified as an exempt employee. If your employer has classified you improperly in their records, you may not be getting paid for the overtime you deserve. If you have questions about employee exemptions and classifications, please review your situation with a Texas wage lawyer for more answers.

If you work in the retail industry and believe you might have a claim due to unpaid or underpaid overtime, speak with a Texas wage lawyer in a completely free, no-obligation consultation today. Reach out to Kennedy Hodges today at 888-449-2068, or simply get started by filling out the quick, online contact form on this page.

To learn more about wage-related claims, don’t forget to also request a copy of our FREE book, 10 Biggest Mistakes That Can Hurt Your Wage & Overtime Claim. This free and easy-to-understand guide explains what you need to know about overtime law, how to protect your rights, and where to turn for more help.

Long-running depositions could mean overtime pay for salaried paralegals

Tue, 30 Apr 2013 00:00:00 EST

Prepping for trial can be a long and tedious process, and part of this process involves taking lengthy depositions of all the parties involved in the case. Asking questions of those on both the plaintiff and the defendant side can take up quite a bit of time, and these meetings often run past normal business hours of nine to five.

And when paralegals are called in to assist the attorneys during depositions, there's usually a chance that overtime is worked during that week.

When this happens, is a paralegal that is typically paid a salary entitled to overtime? While there is no firm answer without knowing the specifics of the paralegal’s job duties, usually the answer is yes.

This is because many times, paralegals are not considered exempt under the Fair Labor Standards Act, which means they are also not exempt from overtime pay. This right to receive one and a half times the normal hourly rate for any hours worked over 40 during one week is a standard that many lawyers do not realize they must abide by.

In fact, many attorneys believe that just because they pay their paralegals a salary that it also means they are required to work as many hours as necessary until the job is done. In reality, whether or not a paralegal deserves the overtime depends on her specific job duties, not her job title. If the paralegal is not managing others or does not have the authority to make decisions that affect the firm, then chances are he or she is not exempt.

The most accurate way a paralegal can find out whether or not he or she is entitled to time and a half is to ask someone who is experienced in the field of overtime and Fair Labor Standards Act practices. The Texas overtime attorneys at Kennedy Hodges encourage paralegals to learn their legal rights in order to protect their paychecks. This is why they wrote the book, Ten Biggest Mistakes That Can Hurt Your Overtime and Wage Claim. It is available, free of charge, simply by calling 888-449-2068 or by filling out our online form. Paralegals, or any other workers questioning their eligibility under the FLSA, can also schedule a complimentary case evaluation with our attorneys. The lawyers will sit down with you, for free, help you figure out your status, and help you determine what needs to be done in order to get you the overtime that you deserve, even if this includes back wages. Call or click today.

Top five resources for call center workers missing out on overtime

Tue, 30 Apr 2013 00:00:00 EST

Determining whether or not you are missing out on wages as a call center worker can be a difficult task. Perhaps you have a hunch that something is not quite right and that you are not being paid what you should, but you're just not sure how to prove it.

That is why the Texas overtime attorneys at Kennedy Hodges compiled a list of the top five resources for workers who believe they are being treated unfairly.

The U.S. Department of Labor website. This site is full of information on all types of employee rights and work regulations, along with links to each State’s individual website and rules.
Your state’s official website on employees’ rights. Similar to the U.S. Department of Labor site, each state has its own set of rules and regulations, along with an accompanying website. For information on workers’ rights in Texas, visit their site dedicated to fair treatment of Texas employees.
Information on the Fair Labor Standards Act. Located on the Department of Labor’s website, these web pages on the FLSA provide readers with common-sense knowledge on how employees can protect themselves.
The United States Office of Personnel Management website. Discussing an array of work-related issues, readers can browse through subjects like fair treatment of employees and information on federal jobs.
The Texas overtime attorney website. Kennedy Hodges works hard to provide our local and national readers with a comprehensive and up-to-date website. Our pages are full of articles and blogs on a wide range of fair employment subjects, as well as opportunities to obtain our free books and reports.

Want more information on protecting your paycheck? Simply call us at 888-449-2068, or fill out the online form, and we’d be happy to set up a complimentary consultation.

Why don't all oil and gas workers receive overtime pay?

Sat, 27 Apr 2013 00:00:00 EST

Why is it that some oil and gas workers are entitled to overtime pay and others are not? Many employees believe that the only difference lies within the way that they are paid. It is a common myth that if you are paid a salary, you are not entitled to overtime pay, but if you're paid by the hour, you are entitled to it.

This idea could not be further from the truth. The true determining factor on overtime eligibility is whether or not the employee is considered exempt under the Fair Labor Standards Act, or FLSA.

There are very specific standards that must be met in order for an employee to lose their rights under the FLSA. Called exemptions, these three categories determine what rights an employee does or does not have. These categories include the Professional Exemption, the Executive Exemption, and the Administrative Exemption. Many oil and gas workers do not fall under any of these exemptions, even though certain aspects of their job duties might. But if all of their responsibilities do not fall of the categories, then the exemption will not hold, and overtime pay is required.

That is why the best thing for an oil and gas worker to do is to make a checklist of reasons why they are not or should not be exempt from overtime. This way, the worker will not have to try to leave it up to their employer to decide.

Not sure what to ask? Take into consideration the following points when compiling your list:

How much you are paid every week
How many people you supervise on a regular basis
How your decisions affect the company has a whole
Whether or not you have the authority to make decisions that affect those around you and/or the company
Whether or not you have the authority to hire, fire, or interview employees or potential employees
The amount of freedom you have in your position

Still not sure of the questions you should ask yourself? Contact the lawyers at Kennedy Hodges for more information on determining your exemption status under the fair labor standards act. Call 888-449-2068, or fill out our online form and learn how to protect your paycheck. Call or click today.

Massachusetts Wage Lawyer Highlights Nursing Organization

Tue, 02 Apr 2013 00:00:00 EST

With National Nurses Week around the corner, we’d like to highlight an organization dedicated to representing the interests of nurses who work in the United States. National Nurses Week is celebrated annually from May 6 (known as National Nurses Day) through May 12, the birthday of Florence Nightingale, the founder of modern nursing.

The American Nurses Association is a full-service professional organization representing the interests of America’s 3.1 million registered nurses. The ANA advances the nursing profession by fostering high standards of nursing practices, promoting the rights of nurses in the workplace, projecting a positive and realistic view of nursing, and lobbying Congress and regulatory agencies on issues that affect nurses and the public. A visit to the ANA’s website will allow you to learn more about National Nurses Week (including suggestions for how to celebrate the week), the ANA’s purpose, and the many ways the organization supports the nation’s nurses. Articles are available about topics such as ethics, education, policy concerns, health and safety issues, and employment.

Many nurses find their jobs rewarding and fulfilling. But, there’s a secret downside to nursing. Some nurses are expected to work overtime—without compensation. If you are a nurse and you do not receive overtime compensation, you may need to speak to a Massachusetts wage and hour lawyer. A lawyer can work with you to help you recover missing wages. Contact the experienced Massachusetts overtime attorneys at Kennedy Hodges, L.L.P., by calling 888-449-2068.

Maryland Wage Lawyers: Restaurant Workers Vulnerable to Wage Abuse

Wed, 27 Mar 2013 00:00:00 EST

It’s a shame. It’s despicable. And, yet, it happens every day.

Employers take advantage of their most vulnerable employees. These employers know who they can push around and who won’t fight back. And they use that knowledge to their advantage.

Perhaps no industry is as guilty of this wrong as the restaurant industry.

Restaurant employees are notoriously vulnerable to abuse by their employees. These employees are often young and without higher education. Many speak English as a second language and are easily confused when others speak rapidly or without much explanation. Restaurant employees are not sophisticated business people who know and understand the laws that apply to them. Instead, they rely on their employers to pay them what they should be paid. They trust their employers to do the right thing.

But that trust is often misplaced. Restaurant employers find all sorts of ways to avoid their payment obligations. For example, they:

Use a tip credit without explaining it to the employees.
Use unlawful tip pooling arrangements.
Fail to pay overtime wages to tipped employees.
Fail to make up shortages if an employee’s wages and tips don’t equal minimum wage.
Base an employee’s overtime rate on a rate that is less than minimum wage.

Consult with a Maryland wage and hour lawyer if you believe your employer hasn’t complied with federal wage laws. Contact the Maryland overtime attorneys at Kennedy Hodges by calling 888.449.2068 or by filling out an online form. We help restaurant employees recover unpaid wages.

South Carolina Wage Lawyers: Employer Drags Out Commission Payments

Wed, 20 Mar 2013 00:00:00 EST

Employers do all kinds of things to avoid their responsibilities to their employees. One way an employer might avoid its responsibilities is to avoid paying commission payments. Sometimes, an employer has a valid reason to delay paying a commission payment. For example, the employer may need to clear up a concern about which employee actually generated the sale. Or, the employer has to wait for certain conditions to be met, like for the client to pay the bill, for certain paperwork to be submitted, or for the client’s check to clear.

But, sometimes an employer drags its heels paying a commission that an employee has already earned and should receive. The employer may have problems unrelated to the employee that prevent it from paying on time, like cash flow problems. Or, the employer just doesn’t want to pay and hopes that by dragging out the process, the employee will just give up, quit, and go away.

If you’re an employee who is owed a commission payment, don’t do that! If you earned the money, you have a right to be paid. And, if your employer broke employment laws when it failed to pay you, you may be owed extra compensation.

Consult with a South Carolina wage and hour lawyer if you have questions about your commission payments or other wage concerns. Contact the South Carolina overtime attorneys at Kennedy Hodges by calling 888.449.2068 or by filling out an online form. We help employees recover missing wage payments.

Maine Wage Lawyers: Yes, Employers "Fudge" Overtime Hours

Wed, 13 Mar 2013 00:00:00 EST

Employers are always coming up with new ways to deny people overtime pay. One of the most underhanded ways involves “fudging” an employee’s time card. The employer changes the employee’s recorded time to reduce the amount of overtime pay the employee is due.

Here’s how it happens. A cable installer has a simple piece of paper on which he records his overtime hours. (Since he’s on the road all day long, he can’t log into a computer to record his time.) Then, he turns his time card into the office. Another employee enters the information into a timekeeping program on the computer. Unless the employee makes a copy of the time card, he has no way to verify the accuracy of the information entered into the timekeeping program.

When the employee gets his paycheck, he may think the total amount is “short” a bit. But, rather than question his employer, he just accepts it. He may think that his own calculation was off or that he just wasn’t remembering correctly. Most employers aren’t brazen enough to delete hours and hours of overtime pay each week, but a little here and a little there sure adds up.

If you believe your employer altered your time records, you should consult with a Maine wage lawyer. Contact the Maine overtime attorneys at Kennedy Hodges by calling 888.449.2068 or by filling out an online form. Even if you don’t have independent records to verify the accuracy/inaccuracy of your pay, we may still be able to help you.

Can a Worker Be an Employee AND an Independent Contractor?

Mon, 11 Mar 2013 00:00:00 EST

Some employers avoid paying overtime pay by counting the same worker as both an employee and as an independent contractor. How can this happen? Here are two examples.

A chiropractor hires a massage therapist. The therapist is considered a part-time employee for the first part of the day. The person gives massages and does some filing. The rest of the day, she does massages only. But, she does not set her own rate for the massages, set her own hours, use her own supplies, or bring her own clients. Given the control the chiropractor exerts over the worker, she should be considered an employee. But, under this arrangement, the employer not only gets away with not paying benefits since the worker is “part-time” (even though she works more than 40 hours a week!), but the company doesn’t have to pay overtime wages, either.

The company hires a bookkeeper as an employee. Her regular hours are 8-5, Monday-Friday. But, it’s necessary for the bookkeeper to work two weekends each month. The company considers her an independent contractor for the work she performs on Saturdays and Sundays. So, even though she performs the exact same work, she does not get overtime pay because she’s not working “as an employee” on the weekends.

If your company tries to get you to do double-time as both an employee and an independent contractor, consult with a Maryland wage lawyer. Contact the Maryland overtime attorneys at Kennedy Hodges by calling 888.449.2068 or by filling out our online form.

Service Tech Asks: When Am I "On the Clock?"

Sat, 02 Mar 2013 00:00:00 EST

Knowing when you’re on the clock shouldn’t be a hard determination! Unfortunately, many service technicians are confused as to what activities count as activities they should be paid for and what activities do not. This means that many service technicians end up losing out on much-needed pay. In fact, some employers even try to shortchange their service technicians by claiming that certain activities are not compensable, when they really are. That means that workers may end up working hours more than they are actually compensated for.

Here are some activities that an employer should compensate a service technician for:

Checking work orders, materials, and supplies before heading to the first job of the day;
Traveling to and from job sites or customers’ homes;
Traveling between job sites or customers’ homes;
Waiting for a customer to arrive;
Attending company meetings;
Completing paperwork at home, in a vehicle, or at the office;
Maintaining work vehicles;
Attending training sessions on the Internet or in person; and
Stocking a company vehicle or a personal car with inventory and supplies.

If you do not receive compensation for performing these services, you may be missing out on much-needed pay. In fact, you may want to read our book, The 10 Biggest Mistakes That Can Hurt Your Wage and Overtime Claim. To receive a free copy of this book, contact the Massachusetts overtime attorneys at Kennedy Hodges by calling 888.449.2068 or by filling out our online form. We will send you a copy of the book as soon as we hear from you.

Illinois Wage Lawsuit Raises Questions About Off-Hours Cell Phone Use

Sat, 23 Feb 2013 00:00:00 EST

A lawsuit in Illinois may cause more than a few employers to take a look at their own company policies. Here’s why.

In the lawsuit, a police officer alleges that the city of Chicago (his employer) expected him to take calls and respond to emails after hours on his company-issued cell phone. He alleges that Chicago owes him and his fellow police officers millions of dollars in back pay since the city never compensated the police officers for the time they spent after hours taking calls and responding to emails.

Employers with computer staff/IT staff members may be especially interested in the lawsuit’s outcome. Employers are notorious for giving computer/IT staff members cell phones so these employees can be reached after hours. Of course, years ago, these employers simply contacted the employees to ask them to come into work. Now, though, employees can perform many tasks remotely. That means an IT worker might end up solving another employee’s computer problem from her own home. While doing so can be more cost-effective and convenient, if the employee is not compensated for this time, the arrangement is not legal under federal wage and hour laws.

If you work in the computer/IT field and you regularly are expected to answer calls and respond to emails during your off hours, you may be entitled to compensation for back wages. To discuss a wage and hour matter with our experienced overtime attorneys, contact us today by calling toll free at 888-449-2068, or by filling out our online contact form.