Investigations

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AUTOMATIC TIME CLOCKS

Does your employer use an automatic time clock system to track and record your work time?  Many more employers are now using these systems.  A lot of these systems short employees by automatically deducting lunch periods or clocking them out at specific times.  Further, automatic time clocks often round your work time to your detriment in that the automatic time clock does not record time you work before and after your shift.

Employers cannot use automatic time clocks as a way to not pay employees for all work time.  Your employer must pay you if you arrive at work early, stay late, or take short lunches. Your employer also cannot round away your work time to your detriment.

Automatic time clocks that fail to record all time you work illegally short you.  You are legally entitled to receive wages for all time you work.

You may be eligible to recover unpaid wages if you work or worked for an employer that used an automatic time clock and it failed to pay you for all of your work time. Please contact us to talk about your claim for unpaid wages.

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ASSISTANT MANAGERS

Does your employer call you an “Assistant Manager” “Shift Supervisor” “Working Lead” “Assistant Vice-President” or other such title yet you spend almost no time managing people?  If so, you may be eligible for overtime pay.

Many employers use these job titles and pay a salary to lead employees to believe they are not eligible to receive overtime pay.  However, employees in these job titles who do not regularly supervise two or more full time employees may be eligible for overtime pay.

You may be eligible to recover unpaid overtime if you work or worked as an assistant manager or like job title. Please contact us to talk about your claim for unpaid wages.

MORTGAGE EMPLOYEES

Mortgage employers often underpay their employees who often work hard for long hours.  We have represented thousands of mortgage employees in their wage claims against their employers.

MORTGAGE LOAN OFFICERS
Banks and mortgage companies regularly misclassify their loan officers, mortgage originators, and other like jobs as exempt from overtime pay and minimum wage.  Generally, mortgage loan officers are entitled to minimum and overtime wages when their primary job duty is selling loans from inside an office.

The United States Department of Labor has stated that typical mortgage loan officers are entitled to minimum and overtime wages.  This is true whether or not you employer pays you on a salary, draw plus commissions, or commission only basis.  You cannot waive your right to these wage by signing an agreement with your employer.
Many employers are starting to reclassify their mortgage loan officers and are now paying them minimum and overtime wages.  You may still have a claim for these wages even if your employer has reclassified you.

UNDERWRITERS
Like mortgage loan officers, banks and mortgage companies often misclassify underwriters as exempt from minimum and overtime wages.  This is most often illegal.

Many employers have begun to reclassify their underwriters and are now paying them minimum and overtime wages.  You may still have a claim for these wages even if your employer has reclassified you.
You may be eligible to recover unpaid wages if you work or worked as mortgage loan officer, loan officer, underwriter, or other like job. Please contact us to talk about your claim for unpaid wages.

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CALL CENTER EMPLOYEES

Call centers often pay employees for a set workday such as 8:30 a.m. to 5:00 p.m., or pay employees only based on the time they are logged into a computer or phone system.  This pay practice may be illegal.  Call center employees who must be at their workstations to perform work activities before or after their shifts may be entitled to compensation for this extra unpaid time. Examples of work activities for which you may be entitled to payment are starting up computers, logging into phone systems, logging into computer applications, listening to voicemails, and reading emails.

The law requires that call centers pay employees for all time worked including work activities you perform before and after you log into and out of the system.  We have helped many call center employees recover unpaid wages.

You may be eligible to recover unpaid wages if you worked in a call center and it failed to pay you for all of your work time.  Please contact us to talk about your claim for unpaid wages.

INSIDE SALESPEOPLE

Many inside salespeople do not receive minimum wage or overtime pay.  This is often times illegal. Inside salespeople are generally exempt from receiving these minimum wage and overtime only if they work for a retail business, receive more than 50% of their pay in commissions, and earn at least 1.5 times the federal minimum wage rate.

Employers often pay inside salespeople a salary or a salary plus commission, and thus do not comply with the wage laws.

You may be eligible to recover unpaid wages if you work or worked as an inside salesperson. Please contact us to talk about your claim for unpaid wages.

INDEPENDENT CONTRACTORS

More than ever, employers are improperly classifying workers as “independent contractors” or “temporary employees.”  These classifications may cheat you out of minimum and overtime wages, health benefits, social security taxes, and unemployment benefits.

Employers call you an “independent contractor” or “temporary employee” and give you a Form 1099 in the hope you will believe you are not a regular employee.  You can still be recognized legally as an employee even if your employer calls you an independent contractor and gives you a Form 1099.

Several factors are important as to whether your employer has improperly classified you as an independent contractor including:

  • How much control your employer has over you and other workers including day to day supervision;
  • Do you have the opportunity for profit and loss;
  • How  much money have you invested into performing your work including in tools and materials;
  • Where do you perform your work;
  • Does the employer have regular employees who perform the same work;
  • How long have you been performing work for the employer; and
  • How important is your work to your employer’s business.

You may be eligible to recover unpaid wages and employee benefits if you work or worked as an independent contractor, temporary employee, or like job status.  Please contact us to talk about your claim for unpaid wages and benefits.

Our law firm has offices in Kansas City, Missouri, and represents clients nationwide in cities that may include Kansas City, St. Louis, Chicago, Detroit, Los Angeles, Houston, Phoenix, Seattle, New York, Philadelphia, Washington DC, Boston, Atlanta, Miami, Dallas, Los Angeles, San Diego, San Francisco and Denver. We serve communities in the Kansas City metro area, including Missouri and Kansas locations like Independence, Lee’s Summit, Overland Park, Olathe, Lenexa and Shawnee.