Commission Pay Case Studies
Understanding the law on overtime pay can be a challenge for both employers and employees. The truth is that many employees are classified as exempt who should under law be paid extra for hours worked over forty in a week.
Below are a few of the many examples of people we have helped enforce their lawful status under the law.
Every person's story is a little different, but there are lessons to be learned from people who have gone through similar situations.
Below are just a few of the many examples of people we have been able to help navigate non compete disputes. The names and images are fictitious, but the stories are real.
Overtime for Line Manager
Allison was a production manager for a litigation support company. Her primary duties were on the floor scanning and assembling documents and attending to low level administrative duties.
She was classified as exempt and paid a salary, though she had no direct supervisory authority over any other employees, and the decisions she was authorized to make independently were not substantial.
Allison regularly worked over 60 hours a week with no additional compensation. Read more here.
Overtime for Sandwich Maker Called a "Manager"
Kevin was a teenager when he was first hired at a local sandwich shop. Shortly into his employment, he was given the title "manager," but his job remained making sandwiches and serving customers. He had no employees that reported to him, and did not make any significant decisions in the course of his job.
However, based solely on the change in title to "manager," the owner of the store stopped paying him overtime and began scheduling him for more hours. Read more here.
Attempt to Avoid Overtime by Paying in Separate Checks
Rick worked as a painter for a small local company. There was no question he was non exempt from overtime- he performed manual labor and he was paid hourly, not on a salary.
His employer, however, tried to skirt the overtime premium payment by paying him his first 40 hours on the company account, then paying the additional hours over 40 from another company's account (a company owned by the same individual).
As a result, his paystub never reflected his overtime hours, and he was never paid the 50% premium for those hours, which were substantial. Read more here.
Overtime Pay for HVAC Technician
Al worked as an HVAC technician for a company that did a lot of work on public construction projects in Massachusetts, for which Al was supposed to be paid at prevailing wage rates.
He was paid a salary and instructed by his supervisor to report an even 40 hours a week each week on his time card, even though he frequently worked more hours than that.
Al had certifications in HVAC repair, but the position did not require any kind of advanced degree, and he did not have one. Read more here.
Overtime for Independent Contractors
Juan, Mark and Jim were employed as set builders for a company that provided theatre- based entertainment in Massachusetts. They were responsible for the construction of the sets used in the business, under the supervision and direction of management.
For many years, they were classified as independent contractors, not employees. They were paid a "piece rate," which did not account for hours worked over 40 in any week. Read more here.
Overtime for Store Manager
Jake was hired to start a new location for a discount retail store. He was given the title "store manager" and paid on a salary basis.
For most of his employment though, there were no other employees at the store. He worked there alone, largely accepting inventory deliveries and stocking and arranging the shelves.
Once the store did have a few employees, Jake's management responsibilities were minimal, and most of his time was spent stocking shelves, moving unsold inventory out of the store space, and operating the cash register. Read more here.
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We have years of experience representing people with claims under the wage and hour laws in Massachusetts state and federal courts, and we would be happy to help you. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.