Service Workers

Pelton & Associates has experience bringing class and collective action lawsuits against service employees working for Roto-Rooter, Manhattan Beer Distribution, National Construction Rentals and numerous other employers who failed to pay employees overtime for all hours worked over forty each week. While certain commission-based services workers are exempt from overtime pay regulations, the commission-sales exemption is specific so we would encourage you to call should you have questions regarding your pay. Many service companies attempt to reduce costs by having employees remotely log into a computer system through a handheld devise and will require employees to perform “off-the-clock” work that is not input into the company’s payroll system. Companies may also require their employees to perform maintenance and repair work on company property while “off-the-clock” or managers may unilaterally shave hours worked and prohibit employees from accurately keeping track of the hours worked.

Employers are required to maintain an accurate record of the time their employees work and must pay overtime wages for all hours that an employee suffers or is permitted to work. If your employer or manager is telling you that you are not allowed to accurately record the hours that you work, or if he or she unilaterally reduced the hours by time “shaving,” we encourage you to consult one of our attorneys for a free consultation.

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