For a long time, overtime pay has been limited to low wage earners. Right now, the threshold is at the salary level is $23,660 per year. Many salaried employees only making slightly more than this cutoff will be asked to work very demanding schedules of more than 40 hours, only to receive the same pay that they always make.
Efforts were introduced by Barack Obama to almost double the overtime threshold to $47,476 per year. New U.S. Labor Secretary Dean Acosta has been left with the responsibility of continuing to work on this overtime threshold issue which faces opposition from people worried about what effect it will have on the economy. Wage theft and discrimination can occur if you are earning below this threshold, are working overtime, and not being paid time plus time and a half.
Questions to Ask Yourself to Identify Wage Theft
- Are you working through lunches? Some employees may be asked to work through lunches, but only receive 8 hours of pay for the day. Any amount of time worked over 8 hours in a day, and 40 in a week, has to be considered overtime.
- Are you making less than minimum wage? Even if workers agree to be paid less than minimum wage this practice is illegal. If you are in California, make sure you are at least making $10.50 per hour.
- Are you an independent contractor? This is an issue where the employer falsely categorizes employees as independent contractors to avoid paying them overtime and give them benefits. Contacting a wage discrimination attorney can help you figure out if you are being misclassified.
- What are some other indicators? unlawful deductions from wages such as: maintenance fees, work-related equipment charges, and travel compensation.
Overtime laws are being addressed in the government right now, and with good fortune, higher earning workers will receive more overtime compensation. If you are working overtime and are not being compensated, take legal action against your employer.
The Los Angeles Wage and Overtime Attorneys at the Law Offices of Kesluk, Silverstein & Jacob can help workers look at options for fighting back against employer mistreatment.