Wage & Hour Violation Attorneys in Memphis
A significant part of our employment law practice at Donati Law, PLLC is devoted to addressing wage and hour violations. We represent employees in claims for unpaid minimum wages and overtime compensation. If you need help addressing a wage and hour violation, our team of Memphis employment law lawyers is ready and willing to help you resolve this stressful situation.
Request an initial consultation online or call (901) 209-5500 today!
Overtime & Minimum Wage Violations
Typically, if you are a non-exempt employee you must be paid minimum wages, consistent with the Fair Labor Standards Act (FLSA), and overtime pay in the amount of one and a half times your normal hourly rate for any hours worked in excess of 40 hours in a work week.
If you are not paid minimum wages or overtime pay, and you are a non-exempt employee, you may have a claim against your employer. Just because you are paid a salary or by piece-rate or receive a commission, that does not automatically mean that you are an exempt employee who is not eligible for minimum wages or overtime pay.
Moreover, the fact that you agreed to your employer's method of payment does not mean that you are not eligible under the wage and hour laws for minimum wages and overtime payments. To be exempt, your job duties and payment scheme must meet all the requirements of one of the exemptions to the overtime and minimum wage laws.
Misclassification of employees as independent contractors is a huge problem throughout the United States. Misclassifying employees as exempt is another huge problem. Unfortunately, it is a common tactic that employers use to avoid paying taxes and providing benefits that are guaranteed to employees, such as overtime pay, minimum wage, workers' compensation, and unemployment insurance.
Examples of commonly misclassified employees include:
- Construction workers
- Cable installers
- Case managers
- IT workers
- Mortgage loan underwriters
Tennessee Wage & Hour Law FAQ
What Are the Tennessee Labor Laws for Overtime?
Tennessee Wage Law has no provision for overtime law; however, Tennessee workers are protected by the overtime provisions in the Fair Labor Standards Act (FLSA).
FLSA Overtime Pay:
- Rate – 1.5 times the employee's regular rate.
- Calculation – Number of hours worked that week (not per day)
- Limit – No limit to number of hours worked in a week
- Statute of Limitations for Unpaid Overtime – 2 years
What Are the Tennessee Labor Laws for Consecutive Days Worked?
For Tennessee workers, consecutive days worked are also governed by the Fair Labor Standards Act (FLSA). Exempt workers (salaried workers who are paid at least $23,600/year) have no limit to the number of hours they may work a week, nor the number of days they may work, and are not required to be paid overtime. Non-exempt workers (paid hourly and not "exempt") also have no limit to the number of hours they may be required to work, but must be paid overtime for any work hours above 40 in a given week.
What Are the Tennessee Labor Laws for Hours Between Shifts?
There is no law in Tennessee that governs how long an employee is required to rest between shifts. Federal law also does not require a minimum number of rest hours between shifts.
Do you have questions regarding a possible wage and hour rights violation? Contact Donati Law, PLLC today!