Depending on their size, number of employees, and operations at a state and federal level, employers may be required to comply with provisions of the Federal Fair Labor Standards Act and the Minnesota Fair Labor Standards Act.  Depending on the type of employment duties that you perform for your employer, you may be required to be paid overtime, or time-and-a-half, for all hours that you work above 40 at the federal level, and 48 at the state level.  Furthermore, your employer may be required to pay you for all meal and rest breaks, or pay you for time that you spent in training for your current position, or time that you spent “on call” but not performing actual work duties.

Various considerations coming to play in determining whether an employer has violated their duty to pay you overtime. These include issues regarding whether you work for tips, we’re paid on a piece rate basis, whether you are an employee or independent contractor, or whether your job classification causes you to be exempt from the overtime pay provisions under state and federal law.

At Gilbert Alden, we frequently consult with and bring lawsuits on behalf of employees who are the victim of “wage theft” because their employer has failed to pay them for all of their hours worked, including causing them to work “off the clock” while they actually performed work duties for the benefit of the employer.

If you believe that you have been a victim of “wage theft” please contact the experienced attorneys at Gilbert Alden for a free consultation.