• Have you been misclassified as exempt from overtime? Two common ways of wrongfully denying overtime pay is misclassifying an employee as an "independent contractor" or as a salaried employee, a status that alone does not mean overtime must not be paid. See Employee or Independent Contractor?
• Has your employer told you that you are exempt from overtime simply because you are paid a salary? Just because you're paid on a salary basis does not mean you don't have to be paid overtime. See Does being paid a salary mean that I don't have to be paid overtime?
• Does your employer require you to report to work and start working before you clock in and the company starts paying you? Both federal and Kentucky state law require that a non-exempt from overtime employee be paid for all the compensable work they perform not just that after they are allowed to clock in. See Can an employee in Kentucky be forced to work off the clock?
• Is your job title manager or supervisor but you mostly perform the same type of work as the hourly employees that work under you? This is another common overtime dodge. Managers and assistant managers have filed overtime suits all over the country, as we've reported on many times: Walmart Assistant Store Managers Sue for Overtime; Assistant Managers Sue Jimmy John's for Overtime; Rite-Aid Store Managers Settle Overtime Suit being a few examples. We recently filed an overtime suit for an "account manager" who was not paid overtime even though she spent nearly all her time doing the same manual labor and tasks as the employees she was supposedly supervising. See Account Manager Overtime Suit. The same employer, Healthcare Services Group, settled virtually identical overtime claims in suits filed in Colorado and Ohio, see Account Manager Overtime Settlement.
• Does your employer require you to perform work during your lunch and/or your rest breaks?
• Have you been paid the wages you have earned and are owed? How Do You Prove You Worked the Overtime Hours?
• Did your former employer pay you for your vested and accrued but unused vacation pay when you left employment? If your vacation pay was vested, it is considered earned wages under Kentucky law and must be paid.
• Did your former employer pay you all the bonuses and commissions that you earned before you left employment?
• Are you required to work off the clock?
• Do you work outside of normal working hours?
Both the federal Fair Labor Standards Act and Kentucky state wages and overtime law, Kentucky Revised Statutes Chapter 337, require that you be paid for the work you perform and the overtime you have earned. Lexington, Kentucky overtime and wages lawyer Robert Abell can help you collect the wages and overtime that you have earned and are owed. If you have not been paid the overtime or wages that you are owed, contact Lexington, Kentucky overtime and wages lawyer Robert Abell at 859-254-7076.
Robert L. Abell, represents employees throughout Kentucky, including: Lexington, Fayette County, Central Kentucky, Georgetown, Scott County, Frankfort, Franklin County, Winchester, Clark County, Richmond, Madison County, Nicholasville, Jessamine County, Versailles, Woodford County, Paris, eastern Kentucky, Ashland, Pikeville, Boyd County, Pike County, Floyd County, Paintsville, Prestonsburg, Martin County, Inez, Bourbon County, Williamstown, Grant County, Harrodsburg, Danville, Florence, Covington, Shelbyville, Berea, Louisville, Lawrenceburg, and Anderson County.
Contact Robert L. Abell and he will evaluate your case and answer all of your questions before pursuing a lawsuit on your behalf. Call Robert L. Abell today: 859-254-7076!