Overtime Lawyer Serving San Antonio
Unfortunately, employers underpay employees billions of dollars each year. You should know your rights. Almost every employee in this country is eligible to be paid minimum wage (currently at $7.25 an hour) and overtime wages for every hour worked over forty hours a week.
Our Overtime Attorneys Represent Employees Misclassified as Exempt EmployeesOur employment lawyers represent employees who are owed overtime wages because they have been misclassified as an exempt employee. For example, the following jobs are commonly misclassified:
- Call center employees (collectors, customer service representatives, telemarketers);
- Local delivery drivers, limousine drivers;
- Apartment leasing agents, leasing consultants;
- New home salesperson (those who are positioned in model homes all day);
- Real estate appraisers;
- Clerical workers and administrative assistants;
- Computer employees;
- Blue-collar workers and manual laborers.
Contact our employment lawyers if you are in a similar position and are not being paid overtime wages.
Rights for Tipped EmployeesSome employees are considered tipped employees for the purpose of payment of wages. Minimum wage for tipped employees is $2.13 per hour. Although a tipped employee may be paid $2.13 an hour, the tips received by the employee plus the hourly rate paid by the employer must at least equal $7.25 per hour.
In addition to being paid the appropriate minimum wage, tipped employees must be payed the correct amount for overtime. This calculation is often complex and employers commonly make mistakes and pay the wrong amount.
Also, employers may require tipped employees to participate in a tip pool. However, there are many rules that employers must follow with tip pools. Common tip pool violations include:
- Failure to inform tipped employees how the tip pool works;
- Including employees in a tip pool that cannot be included by law; and
- Employers who take improper deductions from tip pools (like glass breakage fees).
When an employer pays tipped employees incorrectly, the employer owes the employees the full minimum wage for each hour worked and full overtime wages for any overtime hours worked for the past two or three years.
Contact our employment attorneys if you are a tipped employee and are not being paid correctly.