Virginia Civil Litigation Lawyers
Virginia Lawyer Robert Byrne
Jobs with the Most Overtime Violations
Overtime law has numerous components that, if not known or followed by an employer, can grant employees a civil claim for unpaid overtime under the Fair Labor Standards Act. While many of the overtime violations are due to certain employment practices utilized by individual employers, it seems that many wage and hour violations occur with specific job titles and positions in certain industries.
With that in mind, here are jobs with the most overtime violations:
(1) Assistant Managers or Associate Managers – There have been a number of overtime class actions by assistant managers on the grounds such employees are not exempt under the managerial exemption of the Fair Labor Standards Act.
(2) Commercial truck drivers – Several commercial drivers have pursued lawsuits after they were forced to work off the clock and not paid time and a half.
(3) Factory Workers – Oftentimes factory workers are required to do work before their shift starts or after their shift ends, and all of that work before punching in is compensable and should be counted as hours worked.
(4) Child care workers – The Department of Labor has found numerous wage and hour violations with child care workers, such as failing to pay for attendance at mandatory training sessions and misclassification as independent contractors.
(5) Loan officers and Mortgage Brokers – Successful lawsuits have been pursued for overtime violations against loan officers and mortgage brokers. Among other things, the claims involved misclassification of employees as exempt, improper wage deductions, and minimum wage violations.
(6) Restaurant workers – Waiters, bar tenders, and other food service workers have successfully sought unpaid overtime, compensation for minimum wage violations, tip sharing violations, and misclassification cases.
(7) Paralegals – Many paralegals who have been denied overtime pay on the basis that they are salaried employees have been able to recover overtime pay.
(8) Nurses and Home Health Aides – Nurses should be paid overtime unless they are exempt, such as under the learned professional employee exemption.
(9) Stock Brokers – Stock brokers are likely entitled to overtime pay, and many stockbrokers have successfully sued to collect funds withheld as unlawful deductions.
(10) Firefighters & Police Officers – Although there are variances in wage and hour laws about how firemen and firewomen, ambulance workers, and police officers can be paid, these workers are generally entitled to overtime pay.
(11) Call Center Workers or Customer Service Representatives – Call center employees have brought lawsuits for not being paid for all time worked, and for not being paid overtime.
(12) Sales representatives – Employees who are “outside salesmen” are exempt from overtime pay requirements, but “inside” sales representatives may be entitled to overtime pay and other wage and hour protections.
(13) Computer Technicians – IT workers and software engineers are oftentimes misclassified as independent contractors instead of employees, thereby wrongfully denying them of overtime pay under the FLSA.
(14) Administrative Assistants/Secretaries – Though there is an administrative exemption from the requirements of the FLSA, many administrative assistants and secretaries are denied overtime pay based on the misconception that they are salaried and therefore exempt from overtime requirements.
(15) 100% Commission Employees – Unless a commission-based employee meets all of the requirements of the Outside Sales exemption, that employee will likely be entitled to overtime pay.
(16) Cable Installers – Lawsuits have been successfully pursued by cable installers who were denied overtime for working more than 40 hours per week.
(17) Timeshare sales – Individuals who work in-house as timeshare salesmen and saleswomen are not exempt from the overtime requirements of the Fair Labor Standards Act.
(18) Back Office Financial Employees – A number of bank employees like assistant branch managers and financial advisors have successfully sought and obtained damages for unpaid overtime and improper deductions.
(19) Field Service Workers – Companies oftentimes misclassify field service workers as independent contractors, thereby violating overtime laws and recordkeeping requirements under the Fair Labor Standards Act.
(20) Insurance Claims Adjusters – Although many insurance claims adjusters will be exempt from the coverage of the FLSA and its overtime regulations, the Department of Labor notes that merely having this job title does not exempt an employee from overtime requirements, and each case must be addressed on an individual basis.
The Virginia Employment Law Attorneys of MartinWren, P.C. have successfully pursued overtime and wage and hour violations on behalf of employees who have been denied their rights under state and federal law. For a free consultation about whether you may have an unpaid overtime claim, please contact Robert E. Byrne, Jr., at (434) 817-3100 or by email at byrne@martinwrenlaw.com.
For more information about overtime law generally, please visit Bob’s posts Am I Entitled to Overtime Pay?, and Damages for Overtime Violations.