Unpaid Overtime Lawyers in Baton Rouge, Louisiana

Miller & Hilgendorf is an unpaid overtime law firm in Baton, Rouge Louisiana that fights for the rights of workers. Most workers are entitled to receive time and a half pay for overtime they work. Under the Fair Labor Standards Act, employees who work more than 40 hours in a workweek are entitled to receive time and a half their regularly hourly rate. This means that if you normally receive $20 an hour for work, and work 45 hours in a given week, you would be entitled to receive $30 an hour for the 5 hours you worked overtime. Unfortunately, some employers may take steps to try to avoid paying workers overtime. They may misclassify workers as independent contractors, or they may claim that a worker is exempt from receiving overtime pay. While some workers are indeed exempt from receiving overtime pay, in order to qualify, you must be a salaried worker and fall into the legal category of exempt workers. Another way employers may try to avoid paying workers overtime is by requiring employees to work off the clock. Finally, some employers may pay workers a “day rate” to try to avoid tracking hours and therefore avoid paying workers overtime.

If you have been told that you are an independent contractor or that you are exempt from overtime pay, protect your rights. Consider speaking to Miller & Hilgendorf, an unpaid overtime law firm in Baton Rouge, Louisiana today. Our attorneys can review your situation, help you understand whether you are an exempt or non-exempt worker, or determine if you’ve been misclassified. If you are entitled to overtime pay, Miller & Hilgendorf are unpaid overtime lawyers in Baton Rouge, Louisiana who may be able to fight to help you get the wages you might deserve under the law.

Five Ways Companies Wrongfully Avoid Paying Workers Overtime in Baton Rouge 

There are several ways companies might try to avoid paying workers overtime in Baton Rouge. If you have worked overtime but have not been paid time and a half, there are several methods your company might have used to avoid paying you the wages you may deserve. These are not the only ways that companies sometimes avoid paying workers overtime. So, if you think you might be owed back pay for overtime hours worked, consider reaching out to Miller & Hilgendorf, an unpaid overtime law firm in Baton Rouge, Louisiana.

• Misclassifying Workers as Independent Contractors: Independent contractors are essentially running their own business. These workers are required to have flexibility about when they can work, where they can work, how they complete their work, and whether they can hire subcontractors to complete the work. Independent contractors must pay their own employment tax and often don’t receive benefits. Sometimes companies might wrongfully classify employees as independent contractors because companies can enjoy a tax break and don’t have to pay these workers time and a half for overtime. However, if you believed you were being hired as an employee and have no intention of running your own business, you might have been misclassified by your employer. Miller & Hilgendorf are unpaid overtime lawyers in Baton Rouge, Louisiana who can review your situation and fight to help you claim the unpaid overtime and benefits you may deserve if you were misclassified.
• Misclassifying Workers as Exempt and Paying a Salary. Certain workers are exempt from overtime pay if employers pay them a salary. According to the United States Department of Labor, the following workers may be exempt from overtime pay:
  • Commissioned Sales Workers. Sales workers are only exempt if half their salary comes from commissions and if the average hourly pay of the worker is time and a half the minimum wage.
  • Technology Workers. Computer workers are exempt if their hourly rate is at least $27.63 per hour.
  • Drivers, but only if the driver is engaged in interstate and foreign commerce/transportation.
  • Farm workers.
  • Seasonal workers.
  • Executives, administrators, and professionals requiring a degree. If your job requires an advanced degree or if you oversee at least two other employees, you may be exempt from overtime pay.
  • Other exemptions also apply. There are other workers who may also be exempt from overtime pay. These workers include emergency personnel engaged in essential services, entertainment workers, newspaper workers, airline workers, seamen, and certain other specialty jobs.

Most blue collar workers are not exempt from receiving overtime pay. If you believe you were improperly classified as exempt, consider speaking to Miller & Hilgendorf, an unpaid overtime law firm in Baton Rouge, Louisiana.

• Requiring workers to work off the clock. Were you asked to take calls during your lunch break? Were you not allowed to log hours for time you spent waiting or for time you spent doing safety checks or preparing safety equipment? Were you asked to take work home or were you ever asked to attend training off the clock? You might be entitled to time and a half overtime pay, or unpaid wages for the time you worked. Companies are required to compensate workers for all the time they work. If you were asked to work off the clock, contact the unpaid wage lawyers at Miller & Hilgendorf in Baton Rouge, Louisiana today.
• Being paid a “day rate.” Some companies might try to avoid paying workers by paying them a day rate and not logging overtime hours. Offering workers a day rate does not exempt an employer from paying workers for time and a half. If you were paid a day rate and worked overtime in the oilfield or in another field, consider speaking to Miller & Hilgendorf, unpaid overtime lawyers in Baton Rouge, Louisiana today.
• Being paid a “piece” or “job” rate. Sometimes companies might offer workers payment for each piece or job they complete. This, too, does not exempt employers for fairly compensating workers for overtime they work. If you were paid a per job or per piece rate and worked overtime, consider reaching out to Miller & Hilgendorf in Baton Rouge, Louisiana. You may be entitled to compensation for overtime you worked.

These are just some of the ways companies might try to avoid paying workers overtime. If you worked overtime in Baton Rouge, Louisiana but were not compensated for this work, you may have rights under the law. Speak to Miller & Hilgendorf, unpaid overtime lawyers in Baton Rouge, Louisiana today.

Unpaid Wage Lawyer in Baton Rouge, Louisiana 

There are several situations where a worker may be entitled to receive unpaid wages in Baton Rouge, Louisiana. One of the most common forms of wage theft is unpaid overtime, but sometimes companies also fail to pay workers the basic minimum wage they are entitled to receive. Here are some situations where you may be owed unpaid wages:

• You were not paid the Federal minimum wage of $7.25 per hour.
• You were not paid for breaks.
• You were not paid for the time it took you to put on safety equipment.
• You were not paid time and a half for overtime.
• If you had to travel on the job, you may be entitled to payment for the time you spent traveling.

Miller & Hilgendorf are unpaid wage lawyers in Baton Rouge, Louisiana who might be able to help you fight back and claim the wages you may be entitled to receive. However, you may only have a limited amount of time to claim unpaid wages. Protect your rights. Speak to the unpaid wages law firm at Miller & Hilgendorf in Baton Rouge, Louisiana today.