Every day, millions of U.S. workers are unpaid for their overtime work, in both large and small companies. Unpaid overtime can really add up: if a worker works only 15 minutes of unpaid overtime each day, at the end of the year that worker will have worked for 65 unpaid hours, or over 1-1/2 weeks for free. That is hundreds of dollars lost to the worker.
Unfortunately, that 15 minutes a day of unpaid overtime is only the tip of the iceberg. A study in 2012 revealed that the average worker put in about an hour of unpaid overtime each day, including holidays, and this trend has probably accelerated as more people use smartphones. Many people review and respond to company emails first thing upon rising and just before going to bed – this is considered work. People log in to the company remotely to do their jobs and many remote workers put in far more than 8 hours on a regular basis.
This may or may not be considered unpaid overtime. It depends on whether the job is considered ‘exempt’ under federal and state guidelines. Generally, these guidelines consider executive, professional, administrative and outside sales personnel to be exempt from overtime regulations, providing certain criteria concerning their job duties are met. However, just because a company has declared that a certain position is exempt, does not mean that the company is correct. In fact, overtime pay may be due to the employees.
Consider LinkedLn, whose stated mission is to provide “economic opportunity for every professional”. They were sued for unpaid wages in several states. Ultimately, the world’s largest professional social-networking concern had to pay almost $6 million in both unpaid overtime back wages and damages. Both large and small companies can neglect to pay required overtime. Anyone unsure as to whether or not this applies in their own case should consult an experienced Wage And Hour Law attorney.
The Law Offices of Filteau & Sullivan, located in Houston, TX, is a law firm dedicated to fighting for those who have been wrongfully treated at work. Each Wage And Hour Law Attorney is experienced with cases involving unpaid overtime, workplace or sexual harassment, discrimination and other employment issues. There are time limits on filing claims, so contact the firm for a free consultation to review your case.
