In our previous blog post, we discussed the basic overtime laws that govern hourly positions in the United States. Any employee who is working an hourly position should know how the overtime laws apply to them. We know that pressuring employers for pay isn’t something that most employees want to do, but in some cases, it is necessary.

As we discussed last week, employers can’t legally ask employees to give up their right to overtime pay. That doesn’t mean that employers will just hand overtime pay to employees who work more than 40 hours per workweek. Instead, some employees have to fight for the pay that is due to them.

We know that employees count on receiving their full paycheck when payday comes. Discrepancies from missing overtime payments can sometimes mean having to put off paying a bill. In some cases, missing overtime can have dire consequences for employees.

It is important for employees to keep track of when they work. That is the information can show that they have worked overtime hours. Checking a paycheck against the hours you worked is a good starting point to ensure that you are getting appropriate pay.

If you notice a discrepancy on your paycheck, you should take action immediately. When the discrepancy isn’t corrected, we can help you learn your options and help you take the steps so you can get the pay that you worked hard to receive. Don’t let the pay that you worked for fall by the wayside. Instead, stand up for your right to receive your pay.

The widely accepted workweek for most Americans is 40 hours per week. In some cases, such as people who are paid on a salary basis and some professionals, the expected workweek is often longer. In the case of employees who are paid hourly, 40 hours per workweek is an important milestone because after 40 hours are worked, the pay for the person increases.

How is my pay affected by working more than 40 hours per week?

When most employees work more than 40 hours in a workweek, they are entitled to overtime pay. Overtime pay is 1.5 times your current rate of pay. Generally, that pay must be included on the normal paycheck for the period in which the work was done.

Can my employer have me waive my right to overtime?

No, you can’t be required to waive your right to overtime pay. In fact, agreements between employers and employees to waive overtime pay aren’t legally valid.

Can I take action to recover overtime pay that wasn’t paid?

There is a 2-year statute of limitation on recovering overtime pay. If you can prove that the denial of overtime pay was willful and deliberate, the time limit is increased to 3 years. In order to try to recover denied overtime pay, you must file a complaint with the U.S. Department of Labor Wage and Hour Division.

It is important for you to take action quickly if you have been denied overtime pay. Make sure you understand your rights and how to seek out the pay that is due to you.

Source: AFL-CIO, “Denied Paid Overtime,” accessed June 25, 2015

Non-compete agreements are important tools for business owners because they help to ensure that people who leave their business won’t jump over to a competitor and share the things that make the business successful. Many people associate these agreements with high-level executives. Some people might find it shocking that some businesses uses non-compete agreements for almost every employee.

Last year, it came to light that sandwich makers at Jimmy John’s have non-compete agreements. This shows that even entry-level positions can sometimes be a good fit for a non-compete agreement.

The trouble with non-compete agreements comes into the picture when an employee and an employer don’t agree on the terms of the agreement. In some cases, employees might think that they shouldn’t have to comply with the contractual obligation. In that case, it is important for the employee to seek out legal answers about that obligation.

There are several points to consider when it comes to non-compete agreements. One of these is the length of the non-compete agreement. In some cases, the agreement might also cover investments, job restrictions and geographical restrictions. In all of those cases, scrutinizing the terms is vital to determine if they are enforceable.

We can help you to go over the non-compete agreement you have questions about. If you are thinking about taking another opportunity and want to know if you can do so without violating the agreement, let us help you figure that out. You don’t have to just assume that you must bypass opportunities because of a non-compete clause that you have with a current or former employer.

Religious freedoms and religious discrimination are two big issues for employers. It is vital for employers to ensure that employees and job applicants aren’t discriminated against because of their religious beliefs. A recent United States Supreme Court ruling shows employers and others just how far reaching the anti-discrimination laws are to be carried.

The case that went before the highest court in the country had to do with a Muslim job applicant. The Supreme Court ruled 8 to 1 that Abercrombie & Fitch might have violated anti-discrimination laws when the Muslim job applicant, who wore a hijab, was turned down for a job. The interesting point about this case is that the woman’s religious beliefs weren’t even discussed in her interview.

In 2008, the woman applied for a job with the clothing company. She was seeking a sales position at a children’s store. She had high marks in the interview, but ultimately was passed over for the job because the hijab she wore wasn’t compliant with the company’s look policy.

The clothing retailer claims that it couldn’t have known that an accommodation for the hijab was necessary because the then 17-year-old female didn’t request one. The Supreme Court justices didn’t buy that story. They noted that requesting an accommodation wasn’t the issue, but that passing her over because of the hijab was.

This ruling didn’t say that the company did discriminate against the applicant. Instead, it means she can pursue her case in court. The effect of the case, however, does give some guidance to Florida businesses, as well as other businesses around the country. It also shows applicants that religious discrimination during the application process isn’t acceptable.

Source: Huffington Post, “Supreme Court Rules Against Abercrombie & Fitch In Discrimination Case,” Dave Jamieson, June 02, 2015

In previous decades, stock options in Florida were mostly given out to executives and others at the top of the corporate ladder. These were a way for high-level employees to be compensated by running the company well and helping the overall value to increase. These days, however, things have shifted so that some companies are using stock options as employee compensation, even for entry-level employees. Besides, nothing is really stopping someone from personally investing in a certain companies stocks as long as they feature on a stock market around the world somewhere. For example, if you’re wanting to start looking into trading stocks for potential profit then try it bei kryptoszene.de or a similar website where you’re able to purchase stocks.

In fact, the National Center for Employee Ownership ran the numbers for 2010 and found that around 36 percent of employees had stock in the companies that they worked for, using various plans to obtain it. This was for publicly traded companies.

This tactic is used by all types of companies, but it is especially useful, in many cases, for start-up companies. These start-ups typically do not have that much cash on hand, so they can’t offer high wages. However, they have a lot of work that needs to be done if the company is going to grow. As a result, they often provide other forms of compensation in lieu of high salaries. A life insurance policy is one option. Today, startup owners often provide their employees with group life insurance through a broker as part of employee benefits (see “why you do not need an insurance broker” for more information). In the same way, many small business owners also consider stock options for compensation.

Offering stock options means they do not lose any cash immediately, but workers still feel like they are being compensated well beyond their hourly rate. If the company blows up and sees dramatic growth, this can be a way for employees to make way more than their base salaries, but there is no risk to the employers. Those employers may “lose” money down the line, but they’re still gaining overall since the company would never have seen that growth without dedicated employees.

In order to use stock options as employee compensation, these start-ups need to prove what the fair market value of their common stock is. The easiest and most common way to do this is to have a qualified, independent valuation provider carry out a 409a valuation. It is best for these start-up companies to find a provider who has experience in valuing companies that are similar to theirs.

When signing a contract, be sure that you know exactly how you’ll be compensated for your time, considering wages, stock options, benefits and more.

Source: CNN Money, “How to handle employee stock options,” accessed June 04, 2015

Sexual harassment happens in many industries in Florida, from bars and restaurants to fields for farming. However, much of it goes unreported year in and year out, despite the fact that people have very real cases against their employers. One of the main reasons that this happens is simple: These workers are afraid that they’re going to lose their jobs if they talk about what is happening or try to file a report.

How many cases are there? Florida International University just teamed up with a group known as We Count!, and they did a study to find out if people would report harassment to them more honestly than they did to the authorities. What they found was that a full 24 percent of those asked said they had been assaulted at some time.

This survey was targeted at the farming industry. The goal was to determine how many migrant workers were being assaulted, as this has traditionally been a group that fails to report on a consistent basis. Part of the problem is that some of the workers are not legally in the United States, so the concerns for them are even larger; not only could they lose their jobs, but they could be deported.

Leaders in this study said that assaults would happen in many places, from the fields where crops were being harvested to the packing houses where they were brought. Women tended to be the targets, the study found, with 25 percent of them reporting abuse.

Do you want to find out more about your rights after you’ve been sexually harassed, or would you like to learn how to file a report? If so, please take a look at our site to get your answers.