Robb Bigelow is a Nashville unpaid wages and overtime lawyer who fights for the rights of employees. After graduating from Vanderbilt Law School and working for a federal judge for three years, Robb has over a decade of experience representing employees throughout Nashville and Middle Tennessee who were not paid properly---be in unpaid wages or failure to pay overtime.
As an experienced unpaid wages and overtime lawyer, Robb has spent over a decade pursuing overtime claims against some of the biggest corporations in the world. But for every employee who Robb has been able to help, there are so many more who either never call a lawyer or wait till it is too late. Robb has seen many employees wait before it is too late to do anything (as time is of the essence). Sadly, many employees simply had no idea they even had a claim. Here are the common mistakes that many people make:
Bosses often tell employees that they are exempt and therefore not entitled to overtime. This is not always true. While some employees are "exempt" from the FLSA (meaning they are not required to be paid overtime when they work more than 40 hours in a week), other employees may be labeled as "exempt" even though they are entitled to overtime pay. Hiring a Nashville overtime lawyer can make all the difference in understanding your rights.
For example, it is important to know that job duties, not job titles, determine whether a worker is eligible for overtime pay. Simply labeling an employee as "exempt" does not necessarily mean that he or she is actually exempt. A number of jobs are prone to misclassification, including assistant managers, computer and IT employees, engineers and field service engineers, call center employees, administrative assistants, paralegals, salespeople, and many other individuals who work more than forty hours per week and are not paid overtime.
You must be paid for all work-related activities, including time spent attending training sessions and meetings, checking emails from home, changing into protective clothing, and a number of other things. Many of my clients "leave hours (and money) on the table" because they don't take into account hours spent outside of their "normal work hours." This can range from being required to get to work early for an unpaid training time or meetings, working on lunch breaks, or having to stay a little bit after to "get the job done." While hard work is a good thing, not being paid for that work is quite another. Let a Nashville overtime lawyer help you.
Permission is not needed. An employer cannot refuse to pay you simply because you did not get permission to work overtime. Many of my cases have involved employees who worked a significant amount of overtime only to have their employers tell them that they would not be paid because they didn't first get permission. As experienced overtime lawyers know, if the employers knew or had reason to know that an employee was working overtime, they must pay him or her for it.
Comp Time and Part-time. Instead of paying employees overtime, some employers offer "comp" time for any overtime hours worked. In most instances, this is against the law.
Timing. Under the Fair Labor Standards Act (FLSA), filing a case sooner than later with a overtime attorney fighting for you is a good thing. After two (and sometimes three) years go by, it will normally be too late to file a valid claim. One of the worst things to hear from potential clients is, "I worked 50-60 hours a week till I quit in 2012 because I wasn't getting paid overtime. I know it's years later, but I think something should be done about it."
It is important to know that it is also against the law for your employer to retaliate against you for inquiring or taking legal action over wage and hour disputes. If you were fired, demoted, given bad reviews or undesirable shifts because you complained about not being paid properly, you have a right to sue. Contact Bigelow Legal and let and experience overtime attorney help you.