Six ways employers try to avoid paying overtime

The pay you receive from your job should reflect the work that you do. That’s why there are stringent federal and state laws in place in protect workers. Yet far too often employers try to find ways to skirt these rules, all in hopes of saving money. This is especially true when it comes to overtime pay. Pursuant to law, you should be paid 150% of your hourly rate for every hour you work over 40 in each week. Similarly, if you work all seven days in a week, then you should be paid time-and-a-half for all hours worked on that seventh day. Too many times, though, employers refuse to pay this rate.

How Kentucky employers try to sidestep overtime laws

There are several ways that your employer might try to cheat you of your overtime pay. This includes:

1. Having you conduct pre-shift work: Some employers have their employees arrive before the start of their shift to conduct tasks that they identify as “pre-shift duties.” Employer usually count this as unpaid time, which is against the law. If you are at your place of employment performing work at your employer’s direction, then you should be compensated.
2. Misclassifying you as an exempt employee: One sneaky tactic used by employers to avoid paying overtime is classification of employees as exempt from overtime laws. This is often accomplished by giving a worker a new title, such as supervisor or manager, and paying them a salary. While a salary might look appealing, it may actually be far less than you’d otherwise earn through overtime given the hours that you work. So, carefully consider whether your employer has intentionally misclassified you simply to avoid overtime pay.
3. Averaging hours across the pay period: Overtime laws are applicable on a weekly basis, but your employer might try to argue that they don’t have to pay overtime because your average workweek during the pay period was less than 40 hours. Don’t let your employer get away with that argument since it’s contrary to the law.
4. Miscalculating rate of pay: The 150% requirement for overtime pay is straightforward and easy to calculate. Yet, employers often try to pay employees their regular hourly rate for overtime, or they shortchange their employees by paying extra for overtime but still less than the 150% of the hourly rate that’s owed.
5. Misclassifying you as an independent contractor: Some employers try to avoid paying benefits and overtime by classifying workers as independent contractors who are not really employees. But if your employer controls when you work, provides lots of constructive criticism on your work product and provides you with the equipment needed to complete your tasks, then there’s a good chance that you’re a true employee who should be entitled to overtime pay.
6. Improperly rounding your time: Although you may submit a timesheet each week that captures the total number of hours that you worked, your employer may manipulate it in some way, including improperly rounding down your hours to avoid paying overtime. This is illegal.

Hold your employer accountable for unpaid wages

You deserve to be properly paid for the time that you work. If you feel like you’ve been cheated by your employer, then legal action may be warranted. Should you choose to file an unpaid overtime claim against your employer, then you’ll need strong evidence and persuasive legal arguments on your side, and you’ll need to be prepared to face off against aggressive defenses. That’s why now is the time to start building your case and preparing yourself for the fight ahead.