It is extremely common to find that a company is not calculating paychecks & payroll & benefits correctly– especially when it comes to overtime or “Off clock” time. Some examples are such as travel time but not on payroll, or not including overtime pay in travel time. Another problematic area is having the employee spend time donning safety or other gear at the work site, but not allowing him to clock in until he has all the gear in place. It is also not uncommon for employees to have to wait to “Clock In” while their computer systems “boots up”, Automated Time Clock systems or similar computer systems not properly calculating work times.
Once an employee reports to work on time, anything he is required to do on the job site to prepare for work before he can clock in is on company time, not the employees!
In other areas employees are commonly misclassified as some sort of “assistant management” to make them salaried or even deemed “Independent contractors” when they clearly, under the law, are regular employees.
Some of the largest companies in the world, to Mom and Pop operations, have done this for years in order to shortchange their workers. They do so in an attempt to avoid overtime or to avoid matching and withholding of taxes and benefits.
In most cases the employee has no idea he or she is being shortchanged in her paycheck, or, not knowing any better agrees with the financial arrangements in order to get or keep their job.
The law however is mandatory in these areas and often provides for a claim to be made for twice the money owed, as penalty plus attorney fees. This is true even if the employee agreed with the arrangement all along.
If you think you are owed more than you are receiving, you should have your situation reviewed by an experienced and knowledgeable Louisiana Wage & Employment Lawyer.
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