Lustig & Associates

Some employers commit the following violations of the Fair Labor Standards Act intentionally to avoid paying overtime, while other employers fail to understand the extent of the law:

An employer miscalculates an employee’s regular rate of pay by failing to include in calculations bonus or other incentive pay for specific shifts worked
An employer does not include in hours worked time spent traveling for job purposes, including work related overnight stays, travel on the weekends, travel between work sites, and work related duties performed while commuting to and from work
An employer misclassifies an employee as exempt
An employer pays employees cash off the books without filling out W-2 forms and believes the lack of records alleviates the duty to pay overtime
An employer requests that an employee who works in excess of 40 hours one week take time off the following week to obtain an average of 40 hours worked per week
An employer requires an employee to seek medical attention during the workday for job related injuries, but fails to include time spent waiting for and receiving treatment in hours worked
An employer shortchanges an employee’s hours by not paying for short 5-20 minute breaks or for lunches spent working
An employer establishes a Collective Bargaining Agreement between the company and its employees that waives employees’ rights, including what hours must be counted as hours worked
An employer knows or has reason to know that an employee is continuing to work after hours and the employer is benefiting from work performed, but does not include the time in hours worked
An employer does not treat time that an employee spends correcting errors or mistakes in his or her work as time worked
An employer does not include in hours worked time that an employee spends waiting for work and is without a task, but is still required and allowed to be on the job