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As an employee, you deserve to be paid a proper regular rate. Unfortunately, there are times when employers engage in sneaky activity to pay a person less than they should receive. At Scott & Winters Law Firm, LLC, we are here to help when you need a Cleveland improper regular rate lawyer by your side. Our team has extensive experience handling complex wage and hour violations in Ohio and throughout the country, and we want to make sure that you recover any compensation you are owed by your employer.
One of the most frequent violations we see occurs when employers fail to calculate overtime pay based on the correct regular rate. As a consequence, many employers fail to properly calculate an employee’s overtime rate. Your “regular rate” is not necessarily the same as your hourly rate.
The regular rate is correctly composed of all additional compensation such as shift differential, non-discretionary bonuses, and other extra pay. Your overtime pay is based upon the regular rate – not your hourly rate. Most employees have never heard that legal term before, so let us break it down for you.
The regular rate is calculated by dividing an employee’s total pay by the total number of hours worked in a workweek. Overtime pay is typically calculated on a weekly basis – although there are a few exceptions to this rule. Generally speaking, compensation that is actually paid to an employee, including commissions, shift differentials, and most bonus payments, must be factored into overtime pay calculations. Our firm frequently sees wage violations related to the regular rate calculations in sales jobs like call centers, where commissions are not included in the overtime rate. In fact, paying a large part of employee compensation in commissions is a way that some employers try to get around paying overtime. But the law does not work that way.
Calculating the correct regular rate is especially important when an employer pays a piece rate, day rate, salary, or commission to a nonexempt employee. Many construction jobs, for example, pay a day rate. It is fine for an employee to be paid that way as long as an employer calculates the correct regular rate and overtime pay. Some employers tell employees that they don’t have to pay overtime if they already repaid a day rate, for example, but that is just incorrect.
A skilled wage and hour attorney will work diligently to properly calculate your regular rate. We understand the tactics that employers use to improperly calculate rates, but these tactics can sometimes be hard to determine as a worker. We have experience when it comes to thoroughly examining employee pay and the records kept by employers, and we have no problem involving trusted financial and economic experts.
If you suspect that you have not received your proper regular rate from your employer, contact a skilled attorney immediately. At Scott & Winters Law Firm, we are dedicated to helping workers in the Cleveland area and throughout Ohio recover compensation if they have not received the proper regular rate from their employer. Our team has the resources necessary to go head-to-head with employers who are violating the law, so let us get to work on your behalf today. When you need a Cleveland improper regular rate lawyer, you can contact us for a free consultation. We are always available when you call (216) 912-2221.