St. Louis Overtime and Minimum Wage Violation Attorneys

Common Minimum Wage Violations

Eligible employees must receive the applicable minimum wage for all hours worked – period. If you are a non-exempt employee, you should never be asked to complete job-related tasks when you aren’t clocked in. 

Common violations our St. Louis overtime and minimum wage violation attorneys are prepared to challenge include: 

• Misclassifying employees. By misclassifying employees as independent contractors or exempt employees, companies attempt to avoid the legal obligation to provide them with fair wages. Independent contractors, for example, are not entitled to minimum wage or overtime pay, and employers might exploit this to cut costs.
• Unpaid off-the-clock work. Employers may sometimes compel employees to work “off the clock” to avoid paying them for any additional work they do outside their normal scheduled hours. For example, employees might be asked to arrive early to set up a workplace, stay late to complete tasks, or perform duties during their unpaid meal breaks. All these scenarios contribute to additional work hours that go unrecorded and unpaid.
• Unpaid employee training. When employers require employees to undergo training – whether it's for new skills, compliance, or general orientation – it becomes an obligatory aspect of their employment. Employees must be compensated for the time spent completing this training, even if it occurs outside normal working hours. 
• Unpaid short breaks. Missouri employers are not generally required to provide breaks. If they choose to provide employees with brief breaks that last between 5 and 20 minutes, employees must be compensated for that time. An employer cannot deduct breaks of 20 minutes or less from timesheets and paychecks. 
• Unpaid work during meal breaks. Missouri employers are also not usually obligated to provide meal breaks, but if they choose to do so and they last 30 minutes or more, they are considered unpaid time. However, an employer cannot require an employee to work during an unpaid meal break. If an employee works during what is initially labeled an unpaid meal break, they must be compensated for that time. 
• Unpaid travel time. Generally, travel time is considered compensable when it is part of the employee's principal activities. For example, if an employee is required to travel between job sites during the workday, this travel time is subject to minimum wage laws. However, normal commuting time – such as traveling from home to work and vice versa – is not compensable under most wage laws.
• Manipulated timesheets. This unethical practice occurs when employers alter or falsify time records to reduce reported work hours, effectively cutting employee wages. Such manipulation can involve shaving time off the beginning or end of shifts, deleting recorded hours, or misreporting actual hours worked. Consequently, employees may receive lower pay than what they rightfully earned.

Common Overtime Violations

Overtime laws are designed to ensure that employees receive fair compensation for extra hours worked. However, in some cases, employers might try to circumvent these regulations, either intentionally or due to a lack of understanding. If you've been consistently working more than the standard 40 hours per week and feel underpaid or wrongfully compensated, it's crucial to understand your rights and recognize common overtime violations that may be affecting your paycheck.

Some of the most common overtime violations include:

• Failure to pay overtime rates. One of the most frequent violations occurs when employers simply do not pay the required one and a half times the regular rate for hours worked beyond 40 in a workweek. This can happen when businesses incorrectly calculate what constitutes overtime or label extra hours as "bonus" work without the appropriate pay adjustment. In these cases, employers tend to hope employees won’t notice or fully understand their rights. 
• Misclassifying employees as exempt employees or independent contractors. Some employers may misclassify non-exempt employees as exempt or even independent contractors to deny them overtime pay. This often involves incorrectly categorizing certain positions or workers who do not meet the applicable criteria set forth by the FLSA. 
• Compensatory time instead of overtime pay. Some employers may try to offer "comp time" or paid time off in exchange for overtime hours worked rather than the legally required overtime pay. Except in some limited scenarios, this practice typically violates labor laws.
• Failure to pay for unauthorized overtime. Employers may require permission for overtime work but are still required by law to pay for any overtime hours worked, authorized or not. An employer can usually discipline an employee for working unauthorized overtime, but they must still pay overtime wages for the applicable hours worked. Refusing payment for these hours is a violation of wage laws.
• Off-the-clock work during overtime. Employers who expect employees to work off-the-clock and don't compensate for this additional time are violating overtime laws. This might occur in mandatory after-hours emails, work done during unpaid lunch breaks, or other off-the-clock activities.

Filing a Wage Violation Complaint in Missouri

If you suspect your employer is not following overtime or minimum wage laws, you should document all relevant information related to the suspected violation, including your work hours, pay stubs, job duties, and any employer communications regarding pay and hours worked. In some cases, you may be able to ask your employer about the discrepancy and resolve the matter internally. Not all wage violations are made deliberately, and your employer could provide you with the appropriate wages upon being made aware of the problem.

Should your employer refuse to acknowledge the legitimacy of your complaint or even retaliate against you for reporting a wage violation, you should not wait to seek legal advice. Our employment law attorneys at Sedey Harper Westhoff can review your situation and advise whether your rights have been violated. If you have a valid wage dispute, we can help you file a formal complaint with the Missouri Department of Labor and Industrial Relations.

The Missouri Department of Labor and Industrial Relations will investigate your claim and determine if any wage laws have been violated and, if so, what unpaid wages are owed to you. However, this state agency cannot take legal action against your employer on your behalf, even if they decide you have a case. You are responsible for filing a lawsuit against your employer to collect back wages. 

You don’t have to take on your employer alone. Our St. Louis overtime and minimum wage violation lawyers are seasoned litigators who can aggressively fight for you in and out of the courtroom. We understand how to successfully pursue these claims and can work to get you every dollar you deserve.

What Compensation Can You Recover?

If you’ve been the victim of wage and hour violations, you may be entitled to:

• Back pay for unpaid wages or overtime.
• Liquidated damages, which may equal the amount of unpaid wages.
• Attorneys’ fees and court costs.
• Additional damages for retaliation, if applicable.

Common Industries with Wage and Hour Violations

While wage violations can occur in any industry, they are particularly prevalent in:

• Hospitality: Restaurants, bars, and hotels often fail to pay tipped workers or overtime properly.
• Construction: Misclassification as independent contractors and unpaid overtime are common.
• Retail: Employees may be required to work off-the-clock or denied proper overtime.
• Healthcare: Long hours and unpaid overtime frequently affect nurses and medical staff.

Protect Your Wage Rights with Sedey Harper Westhoff

If you believe you’ve been denied fair pay, don’t wait to seek legal help. Wage and hour claims are subject to strict deadlines, so it’s essential to act quickly. Our experienced St. Louis minimum wage and overtime violation attorneys are ready to help you fight for justice and recover the compensation you deserve.

Related Readings:

• Westhoff Settles Overtime Claim for Close to $1 Million

 Call (314) 819-0963 or contact us online to schedule a consultation to discuss your rights and options with our St. Louis overtime and minimum wage violation lawyers.

Wage and Hour Violations FAQs

1. Am I entitled to overtime pay if I’m salaried?

It depends. Salaried employees may still be entitled to overtime pay unless they meet specific criteria for being classified as exempt under the FLSA. Exemptions typically apply to executive, administrative, or professional roles. Our attorneys can evaluate your job duties to determine whether you qualify for overtime.

2. What should I do if my employer denies me overtime pay?

If you believe your employer has failed to pay overtime, document your hours worked and your pay, then contact an experienced wage and hour attorney. We can help you file a claim to recover unpaid wages.

3. How do I know if I’ve been misclassified as an independent contractor?

Misclassification occurs when employers label workers as independent contractors to avoid paying benefits or overtime. If your employer controls your work schedule, provides tools, or requires you to work exclusively for them, you may have been misclassified.

4. How long do I have to file a wage violation claim?

Under the FLSA, you generally have two years to file a claim for unpaid wages, or three years for willful violations. State laws may provide additional time, so it’s crucial to consult an attorney promptly.

5. What if my employer retaliates against me for filing a claim?

Retaliation for asserting your rights under wage and hour laws is illegal. If your employer has taken adverse actions, such as firing or demoting you, you may be entitled to additional compensation for retaliation.

6. Are tipped employees entitled to minimum wage?

Yes, tipped employees must earn at least the state minimum wage when tips and base wages are combined. If tips do not bring their earnings up to the minimum wage, the employer is required to make up the difference.

7. Can I file a claim if I work off-the-clock?

Yes. If your employer requires you to perform tasks before or after your shift without pay, this is a violation of wage laws. You are entitled to compensation for all hours worked.