Tag Archives: legal

Overtime is not optional

I was talking with some clients in the landscaping business. They were telling me about some competitors who don’t pay overtime or drive time to their employees. After 20 years of filing unpaid overtime claims, you’d think I wouldn’t be surprised. I am always surprised.

Paying overtime is not an option. It is not an employer’s choice. They can’t just say “Oh, we don’t pay overtime,” or “We are a straight time shop.” Federal and state law say that if you work more than 40 hours in a week, then you are entitled to 1 1/2 times your regular rate for any hours over 40. We all know that. It’s been the law in the US since 1938. Still, these guys.

You don’t have to ask your employer to pay you overtime to be entitled to claim it later. Call me at 513-594-2685 or contact me at jiml@langendorflaw.com because making cheaters pay is my business.

Throwing Chains

Today some U.S. Senators, Elizabeth Warren and Amy Klobuchar, dashed off a letter to the Federal Trade Commission urging that agency to make a rule that would strongly limit the use of non competition agreements. Employers of all stripes use “non-competes” to protect them from competition from former employees. I find that they are often unenforceable as written; and many employers enforce them only sporadically. Nonetheless, they do stifle competition and entrepreneurship. While I write them and fight them, and get paid for the effort, I would not miss them if they were gone.