Missouri Wage And Hour Laws
Does your employer make you work during meal and rest breaks? Does your manager bury you with so much work that you cannot take a break? Have you been denied overtime pay? Although neither Missouri nor Kansas state law requires employers to provide time off for lunch and rest, the federal Fair Labor Standards Act (FLSA) does offer protection for employees who are forced to work without pay. You may be able to file a wage and hour claim against your employer for unpaid wages.
At Carter Law Offices in Kansas City, Missouri, we care about doing the right thing for our clients. Since 1996, our employment lawyers have been helping people with issues relating to wage and hour laws. We represent the employee only and have a strong record in both Missouri and Kansas courts.
If you are concerned that you have not been paid for time worked, call 816-283-3500 to schedule a free consultation with one of the employment law attorneys at Carter Law Offices. You can also reach our firm online.
Lunch and Rest Breaks
Although the FLSA doesn’t have any specific laws requiring an employer to give you breaks from work for lunch or rest, it does require employers to pay people for time worked. According to the FLSA, your employer should pay you in the following circumstances:
- You take breaks under 20 minutes.
- You take breaks over 20 minutes, such as lunch, where you have to do some work.
- You never take lunch breaks, and your employer still deducts that time from your wages.
- You are forced to stay at your desk or do other work-related tasks during your lunch period.
Generally, if your employer gives you time for lunch, your employer does not have to pay you. However, if you are not able to utilize that time for yourself, you may have grounds for a wage and hour claim.
For most hourly employees, your employer cannot require you to work off-the-clock without pay. According to the Fair Labor Standards Act (FLSA), anytime you are working beyond your scheduled hours, whether voluntarily or not, you are entitled to be paid. This applies for all work environments, whether you are working at a construction site, warehouse, office or your home. You are entitled to be paid for your work.
If you work beyond 40 hours a week, this is considered overtime, and you are entitled to time-and-a-half pay for each hour you worked. If your employer didn’t pay you for this off-the-clock work or paid you at your regular wage, you may bring an action for unpaid overtime.
Sometimes employees are afraid to confront an employer about off-the-clock pay because they are concerned about potential retaliation. Our wage and hour attorneys will advise you how to protect yourself.
Failure to Pay Overtime: Unlawful Employer Tactics
Although most employers pay employees what they are entitled to under law, other employers go to great lengths to avoid giving their employees the proper amount of overtime pay. For instance, some employers will reclassify employees as exempt “managers” when an employee’s actual duties do not involve supervising other employees. Others will classify employees as “independent contractors” to avoid paying the proper amount.
In other cases, employers may fail to report overtime or discourage employees from reporting their full hours. The Fair Labor Standards Act prohibits these practices. If you have not been paid properly for the hours you have worked, you may have a legal claim for damages.
Helping You Claim The Overtime Pay You Deserve
Most unpaid overtime cases involve systematic violations by companies and employers. If one employee is not being paid overtime, it is likely that many employees are not being paid overtime. Attorney Doug Carter and our firm will work hard to uncover the truth.
If you have been underpaid for your work, we will find all evidence that shows that you have been misclassified and are entitled to overtime. If employers are engaging in other ways to deny paying proper wages, we will find them. Once we have determined the nature and scope of the violations, we will demand all the damages you, and any other co-workers, are entitled to under the law.
Contact Our Law Firm
If you have not been paid properly for the hours you have put in, our employment law attorneys can help. To schedule a free initial consultation with our law firm, contact us online or call 816-283-3500.