Voytas Law, LLC represents workers who have not been paid in accordance with the law. Many times, we hear from people who have been told that they cannot qualify for overtime pay because they receive a salary. For many employees, this is simply not the case. There is a broad category of “salaried” employees who are entitled to time and a half overtime compensation.
Missouri statute 290.505 is the applicable law. It provides, “No employer shall employ any of his employees for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.” You can find a copy of the entire statute here.
The next question is who is an “employee” for purposes of the overtime rule. Missouri statute 290.500(3) provides the answer. An employee is “any individual employed by an employer.” There are a few exceptions to this rule. For example, an employee who is an executive will not qualify for overtime. Similarly, an employee who is a professional (like an accountant or an attorney) will probably not qualify for overtime. You can find a copy of the entire statute here.
If an employer is not paying an employee time and a half for overtime hours worked, then the employee has a right to sue the employer. Our firm utilizes Missouri’s Minimum Wage law, cited above, as well as applicable federal laws to help such employees. The law provides that the employer must pay our attorneys’ fees if we are successful. Therefore, we never charge our wage and hour clients anything unless we win- in that case, the employer must pay us.
The upshot of these rules is very clear: an employer cannot simply pay someone a “salary” and avoid the overtime rules. If you are an employee who is concerned about not getting all of the money in your paycheck that you deserve, call our office. Your case is important to us.
Rick Voytas of Voytas Law, LLC is a trial lawyer who combines objective advice with the tactical know-how to obtain the compensation you deserve. He has more than nineteen years of courtroom and litigation experience, handling a variety of difficult cases.
As a native of St. Louis and licensed in Missouri, Illinois, and various federal courts, Rick Voytas provides knowledge and personal attention to your legal matter.
Don’t delay! Contact Voytas Law, LLC now for your overtime-related legal problems in Missouri at 314-380-3166 or learn more at www.voytaslaw.com.
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