Pay Issues Attorney in Houston, Texas
What are the common overtime violations?
What are the common overtime violations?
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00:04
over time under the fair labor standards
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act
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presents an unusual generally unusual
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fact patterns you don’t see
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all the time in my experience the most
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common violation is what we call
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misclassification where somebody is
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classified as a supervisor or an exempt
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employee
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when he or she is not that obviously
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avoids
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avoids paying overtime paying time and a
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half
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and we see that a lot so what we do in
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those cases we sit down with the client
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and usually in overtime cases
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it’s one person coming in but as a
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representative of a class of people
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a class of greater people and we talk
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about potentially
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first of all that person is there
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because he or she is the most important
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at the time
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and and how is that person being
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misclassified
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and then how are others being
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misclassified
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and then if we you know if we truly
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believe that there is misclassification
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it’s usually a a greater number of
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people that’s involved we proceed with
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with the case there
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another um good example of what we see
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in overtime cases
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is somebody misclassified
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as an independent contractor you either
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are an employee or you’re not and
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i would venture to guess
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that 95 of the cases that we’ve had
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were or a group of people are classified
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as independent contractors
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they’re not you see that a lot in um
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in the cable services industry like
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cable television or or or
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things of that nature that’s one
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industry we’ve seen a lot of that in
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but there are others as well you know a
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lot of times you’ll see it on the
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in the oil fields um here in in texas
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you see that a lot
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that has its own inherent challenges and
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usually provide for
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you know good results in overtime cases
Houston, TX employment law attorney Gregg M. Rosenberg discusses the most common overtime violations.
