My employer says I am an “independent contractor” and I perform the same duties as other regular employees. Am I entitled to overtime?

Maybe.  Many employers try to save money by labeling workers as independent contractors, contract employees, contingent workers, and the like.  Only those workers who truly qualify as independent contractors are not eligible for overtime or benefits.  The test for whether or not workers qualify as independent contractors can be very… Read More

Is it okay if my employer makes me clock out for lunch and then I continue to work?

Likely not.  Most states have laws which require employers provide you with unpaid meal periods if employees work a specific number of hours per day, but employees cannot work during those periods without pay. Read More

My employer does not allow me to take breaks or meal periods. Is this okay?

Probably not.  Most states have laws which require employers provide employees with rest breaks and meal periods if employees work a specific number of hours per day. Read More

I must come to work early to get ready to for work. Is this okay?

Most likely not.  Again, employers must generally pay employees for these hours.  Some examples of this is time necessary to change into your work uniform at you work site, preparing your computer for work, and cleaning up after your shift. Read More

My employer makes me work before I clock in and after I clock out. Is this okay?

Most likely not.  Employers must generally pay employees for all hours worked whether or not they are formally clocked in.  An example of this is writing work emails or answering work phone calls when employees are not clocked in. Read More

What does “off the clock” mean?

Off the clock refers to work hours that employees work when they are not clocked in (and thus not paid for).  This is another employer cost savings strategy in that it limits the hourly wages and overtime employers pay employees. Read More

Am I not entitled to overtime if I have a job title like assistant manger, branch manager, vice-president, or the like?

Your job title has nothing to do with whether or not you are entitled to overtime.  Your job duties provide the key to your eligibility for overtime.  Many employers try to save overtime money by giving employees a manager or officer title, and only paying them a salary. Read More

What does it mean to be “exempt” from overtime?

Employees who are truly exempt from overtime laws are not entitled to receive overtime pay from their employers.  These exemptions are very narrow, complicated, and can be difficult to administer.  Some exemptions you may have heard of are the “white collar” exemptions of professional (doctors, lawyers), executive (high-level managers such… Read More