Quiet Quitting: New Anti-Employee Term For Wanting To Have A Life

 There's a new term getting flung around by management types: quiet quitting. It's when employees actually want to do their job as described for the hours they were told the job would take (and for which they are being paid). Apparently, terrible bosses who have failed to hire enough staff and failed to accurately describe jobs want to vilify employees for wanting to have a life.

You heard about Elon Musk demanding that his employees commit to being "hardcore" (meaning willing to work 24/7) or leave.

And I've seen folks on social media bragging that they and their staff work until midnight. Like that's a good thing.

I remember working briefly for a large law firm. Associates would brag about sleeping there, blowing off family birthdays and funerals, and never taking vacations. And I would think to myself, what's the point? What's the point of making big bucks if you don't actually use the bucks to enjoy your life?

Gen Z gets it. They don't want to have jobs that are their whole life. They understand that having a job is for the purpose of providing the necessities you require to live and, if you're lucky, even the luxuries you want in order to enjoy your life. 

Take away the evenings and weekends, the holidays, the time with family, the vacations, and you have nothing. Because that employer that wants you to be loyal 24/7 has no loyalty to you. You likely can be fired at will, for any reason or no reason at all, unless you live in Montana or have a contract saying otherwise. It used to be that companies were loyal to their employees, but those days passed in the 70s. Now employees are treated like disposable cannon fodder.

Don't give up your actual life for corporate life. What's the point of making money if you can't enjoy it?

The U.S. needs to stop this crazy nonsense. Look at France. It has laws that protect employees from being treated like this. It's illegal to eat lunch at your desk, because it's good for your health to take a real lunch break and get out of the office. They also have a right-to-disconnect law, giving employees the right to stop answering emails and texts after hours. Overtime must be paid for work over 35 hours, and there is a weekly maximum number of hours set at 44 per week, and employees must have at least 11 consecutive hours of daily rest, and minimum rest of 35 consecutive hours at least once per week.

Employers need to hire enough employees to do the jobs needed during regular working hours instead of treating employees like indentured servants. If your employer wants you to work 24/7 and you aren't a supervisor, it's time to think about forming a union. If you are a supervisor and can't unionize, it's time to look for a workplace that understands its employees are entitled to have a life.

If you think we should be more like France and less like Elon, talk to your legislators about passing some pro-employee laws.

Make Less Than $35,568? Starting January 1, You Get Overtime

The Department of Labor has just raised the minimum amount employees must make to be considered exempt for overtime, from $23,660 to $35,568, starting January 1. You still have to also meet one of the exemptions, such as administrative, professional, executive, computer professional, or outside sales, and still have to be paid on a salary basis rather than hourly.

This new rule will add about 1.3 million workers to the employees entitled to be paid overtime if they work more than 40 hours/week. So yay!

Here's DOL's summary of the rule's effects:

• raising the “standard salary level” from the currently enforced level of $455 per week to $684 per week (equivalent to $35,568 per year for a full-year worker);
• raising the total annual compensation requirement for “highly compensated employees” from the currently enforced level of $100,000 per year to $107,432 per year;
• allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) paid at least annually to satisfy up to 10% of the standard salary level, in recognition of evolving pay practices; and
• revising the special salary levels for workers in U.S. territories and the motion picture industry.

While this is good news, I'd note that President Obama was going to raise the amount to $47,000, but this administration stopped that from happening. So if you make between $35,568 and $47,000, you should reflect your displeasure when you vote next year.

This new rule won't be automatically increased for inflation, so it may be decades before we seen another increase. Enjoy it while you can.

What #Employmentlaw Regulations Will Trump Scrub?

As the inauguration gets closer, the new Trump Administration is making lots of promises about what they intend to do. Apparently number one on the list is undoing as many of the Obama Administration's Regulations and Executive Orders as they can. I already talked about some Executive Orders that benefit employees of federal contractors that are at risk. So what else may disappear or change soon?

Here are some employment-related regulations to keep an eye on:

• OSHA retaliation procedures: OSHA has issued new procedures for handling retaliation complaints under various laws, such as Procedures for the Handling of Retaliation Complaints Under Section 1558 of the Affordable Care Act. 
• Federal unemployment rules: DOL implements rules on federal unemployment compensation, which provides extra compensation to the unemployed during periods of high unemployment. The latest, Federal-State Unemployment Compensation Program; Implementing the Total Unemployment Rate as an Extended Benefits Indicator and Amending for Technical Corrections; Final Rule, could be in for a change. Other rule changes on unemployment to watch for will be those relating to drug testing of applicants.
• Overtime regulations: DOL regulates minimum wage and overtime rules. The latest rule changes could be overturned. Watch for changes to, for example, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees.
• Safety regulations: OSHA has tightened safety standards on many industries. These include the very recent Occupational Exposure to Respirable Crystalline Silica; Correction and Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems).
• Social Security disability: Whether you qualify for disability benefits can be determined by very specific rules. Some recent ones at risk include Unsuccessful Work Attempts and Expedited Reinstatement Eligibility, Revised Medical Criteria for Evaluating Mental Disorders, and Revised Medical Criteria for Evaluating Neurological Disorders.
• EEOC: The Equal Employment Opportunity Commission issues regulations and guidance for determining whether various types of illegal discrimination have occurred. Some recent changes include Regulations Under the Americans With Disabilities Act and Genetic Information Nondiscrimination Act.
• Federal Employee ethics rules: We just saw the attempt to limit ethics requirements in Congress. Some ethics rules to watch include Standards of Ethical Conduct for Employees of the Executive Branch; Amendment to the Standards Governing Solicitation and Acceptance of Gifts from Outside Sources and Interpretation, Exemptions and Waiver Guidance Concerning the Federal Criminal Conflict of Interest Statute Prohibiting Acts Affecting a Personal Financial Interest; Amendment to Definition of “Employee”.

These are just some examples of the many, many executive branch regulations that could change soon. The truth is that nobody has any idea what the new administration will actually do. Both employers and employees are justifiably nervous about what may happen in the next four years. Stay tuned.

More Pro-Employee Bills To Watch In The Florida Legislature

To their credit, some Florida legislators are doing their darndest to try to fix Florida's anti-employee legal climate. I wrote about some pro-employee bills filed, and now there are some more to keep an eye on this legislative session:

Banning employer fraud: A bill proposed would make it illegal for an employer to procure an employee's services fraudulently, and also beefs up anti-retaliation provisions for employees who complain about unpaid wages.

Pregnancy discrimination: Two identical bills would add pregnancy to the protected classes under the Florida Civil Rights Act. I'm not sure why this is being done in light of the Florida Supreme Court's ruling last year that pregnancy is already protected.

Overtime: Another bill changing Florida's overtime pay law from 10 hours per day to 8 was withdrawn, but this new bill replaces it.

Bullying: A second bill that would ban workplace bullying has been filed.

Unemployment: A bill that would modify unemployment qualifications is a mixed bag. It would protect victims of domestic violence but also would disqualify disabled employees who turn down a reasonable accommodation offered. Disabled employees will now face a trial over their discrimination claims in the unemployment proceeding if this bill passes. Overall, I think it's more anti-employee than pro-employee.

I'll be keeping an eye on these bills during the session. Wanna bet that zero pro-employee bills will pass? I won't hold my breath that this legislature or governor would do anything to help the majority of its working citizens.

Employment Law Bills Pending In The Florida Legislature

Since I've been writing about states that have pro-employee laws, and complaining about the lack of protections for employees in Florida law, I thought you'd like to hear about some legislation that has been filed in the Florida legislature for the upcoming session. Will any of it pass? Doubtful. Still, now might be a good time to contact your representatives and state senators to support some of these laws:

Intern Sexual Harassment: Rep. Joseph Geller has proposed a law expanding the Florida Civil Rights Act to include unpaid interns. Why? Because we currently have no laws in Florida prohibiting sexual harassment of interns. Who will come out in favor of sexual harassment of our teenagers? Stay tuned.

Florida Overtime Act: This proposed law revises the number of hours of labor that is a full legal day's work from 10 to 8; revises rates of overtime compensation; provides that commuting to and from certain locations is not part of a day's work; prohibits an employer from requiring employee to continue working after punching out; prohibits employers from paying an employee for less than the amount of contracted hours worked by the employee; and provides penalties for violations.

Fair Pay: The Helen Gordon Davis Fair Pay Protection Act would condemn gender-based pay disparity and have the Department of Economic Opportunity and the Florida Commission on Human Relations do research and disseminate information about unequal pay. No remedies for victims, but it could help prove that disparities exist and spread the word about what legal protections women have.

Minimum Wage: A law increasing the state's minimum wage to $10.10 probably doesn't have a snowball's chance.

Social Media Privacy: Right now, Florida employers can get away with demanding employee social media passwords. A law prohibiting this kind of invasion of privacy would make it illegal for employers to demand user names and passwords for personal social media accounts of employees and prospective employees.

Bullying: The Safe Environment Work Act would make employers liable for allowing an abusive work environment to exist. Will Florida join Tennessee in banning workplace bullies? Not likely.

Ban The Box: With this law, Florida would join the many states that ban employers from making prospective employees disclose their criminal history on an employment application. So far 13 states have passed ban-the-box laws.

LGBT Discrimination: One law that might pass, mainly because lots of Florida employers have come out in favor of it and it has bipartisan support, is the law proposing to add sexual orientation and gender identity to the categories of prohibited discrimination under the Florida Civil Rights Act.

Although it isn't specifically related to employment law, there's yet another attempt to pass the Equal Rights Amendment in Florida. The ERA was the first campaign I worked on when I moved here in 1981, and I thought it was a no-brainer. Here we are, 33 years later, with no ERA. Will it pass? No.

Ask Donna: Answers to AOL Jobs Reader Questions On Wages and Overtime

AOL Jobs readers have LOTS of questions on wages and overtime. I answered a couple questions in my column.

One reader asked:

I have a question pertaining to time. At my current employer, we are technically salaried but we clock in and out for time. Although our boss states it's to be able to calculate PTO, he takes minute for minute once we clock out if under 40 hours. If we are over 40 hours, we get PTO and not over-time. The PTO is minute for minute. Also, if we work through lunch, he will take the hour away stating he "has to". so basically our time card won't be a true reflection of our time worked because he always takes an hour for lunch whether you take it or not. Is this illegal? Should i contact the DOL?

Another reader asked:

I am an LPN and I work for a ministry in Tennessee. They have demanded that we clock out at our designated time even tho we are not finished with our work. They want us to finish our work "off the clock". I would like to know if this is legal, and what can be done about it.

For my answers, read my article at AOL Jobs.

Help! My Employer Is Making Me Work Overtime Off The Books. What Do I Do?

This question from an AOL Jobs reader reflects an all too common situation that many hourly workers face:

Hello. I was reading an article 10 Tricks Employers Use To Cheat Workers Out Of Their Overtime. Here's my problem. My fiancée works at a restaurant, and she recently received a raise from $9/hr to $12/hr. But the owner asked her to take her overtime off the books. The first 2 weeks went by without a hitch, but over the past month, her OT has been short. The past week, she worked 10 hours OT, and received $90, which not only is less than the $18/hr that she is entitled, but he gave her less than her normal 12/hr. He claims that he can't afford to pay her overtime. What should we do? She's clocked in for every minute that she's there, and gets a little slip every time she punches out, but the owner still cuts her a check for usually 38 or 39 hrs, and gives her whatever he pleases in regard to her OT. What can we do?

Many employers cheat hourly employees out of overtime, and demanding they work "off book" is one way they do it. In this case, your fiancée has proof of her hours, so she has some options. You asked two different questions: "What can we do?" and "What should we do?" There may be two different answers, but my latest article at AOL Jobs discusses your options.

Can My Employer Make Me Socialize With Co-Workers? Whether you say yes or no to office events, here are your legal rights

It's holiday party time, so this question I received from a reader is timely:

I just read your article about social media passwords, and I have a question for you that my HR person cannot seem to answer for me. My boss told me that I am not relating to the other employees (I didn't realize that I wasn't) and wants me to go to lunch with them or go shopping with them on the weekend. They are mean and spiteful people who look for any way to manipulate people. She asked me about my personal life and made me feel like I had to answer so I did tell her some things. (I won't make that mistake again.) She made personal comments about my relationship and encouraged me to break it off. I would never, ever tell anyone that. What are my rights here? I spoke with our HR department who said that she can say whatever she wants (no matter how rude!), but I can say, "It's my personal life and I do not wish to talk about it." Did they tell me the truth or leave part out? Can she make me go places on my breaks or off time with people I do not want to go anywhere with? I really need some help.

Thank you for advising me on this.

Especially around the holidays, there's pressure on employees to socialize with co-workers. Some companies try to make the holiday parties mandatory. Others have "team building" events overnight or on weekends. Some expect the team to have lunch together. And guess what? You aren't going to be paid for any of this.

What's an overworked employee to do? Read my AOL Jobs article here to find out what your legal rights are if you want to say no, and what legal rights you have if you decide to attend.

Please don't forget that the ABA Blawg 100 is asking for your votes for your favorite blog in the Labor and Employment category. If you think this blog is worthy, I continue to need your vote. Go to the ABA website here. It takes about 30 seconds to register. Then go to the Labor & Employment category. Find Screw You Guys, I'm Going Home. Look to the left and you'll see a button that says, "Vote Now." Click it. You're done. The polls shut down at close of business this Friday, Dec. 20. If you have trouble voting or questions about anything else, please see the ABA's Blawg 100 FAQ.

Employees: Tell Your Representatives To Vote No On These Terrible Laws

Remember last year's viral campaign ad? The one that said, "Wake the f*#k up?" America woke up, sort of, and then went right back to sleep. So I'm telling everyone who is an employee, and everyone who depends on an employee for their food, clothing and shelter, to wake back up.

Workers are under attack in a major way right now. There are terrible laws pending that will gut the few protections employees have in America. Need I say which party is proposing them? Probably not. Here are some laws that you should tell your legislators to vote no on. Tell them today. I'm serious.

Anti-overtime law: It sounds so sweet. So appealing. Don't be fooled. It's a trick. The Working Families Flexibility Act is as anti-working-family as you can get.  The folks trying to push this one say that it will allow employees to "voluntarily" choose to take a comp day instead of being paid time and a half for overtime. These are the same folks that say forcing employees to sign arbitration agreements and jury trial waivers in consideration of continued employment constitutes "voluntary" agreement. Employers will shove "Voluntary Comp Time Agreements" in front of all new employees faster than you can say, "in the pocket of corporate lobbyists." If you want to give up all your overtime, then stay asleep. Otherwise, wake up!

Anti-prevailing wage laws: In Florida, Nevada, Tennessee, Michigan and Missouri, bills are pending that would gut prevailing wage laws. These are laws that require government contractors to pay a higher wage than the state or federal minimum wage in areas with higher costs of living. The bill in Florida would result in a 40% pay cut for some workers. Can you afford a 40% pay cut. No? Then wake up!

Right to work laws: This sounds like justice personified. Everyone should have the right to work, right? Wrong. It's one of those  Orwellian names that means the opposite of what it says. It doesn't change the at-will doctrine that exists in 49 states, saying you can be fired for any reason, including your boss's bad mood. Instead, it is intended to gut the unions. Legislation is pending in Congress and in many states. It's bad stuff. Read my article on this topic here.

Anti-paid sick leave: Efforts to deny local governments the right to pass ordinances requiring paid sick leave have popped up all over. A corporate lobbying group is behind it. Watch for these laws in your state, and call and write your legislators to vote no if your state is being targeted.

Pro wage-theft: I wrote a couple weeks ago about the efforts to legalize wage theft in Florida. Here's my post on this.

How idiotic are these laws? Well, they certainly aren't pro-family, are they? I wonder who will buy all the products and visit the travel destinations of the corporations who support anti-employee laws once American employees are bankrupted. I fear we may find out soon enough if we don't stand up and fight while we can.

These are just a few of the many anti-worker laws that have proliferated this year so far. I bet you can think of some more. If you hear of legislation that is pending in your state or in Congress that Americans need to wake up over, let me know in the comments section and I'll be glad to do my part to spread the word.

Are Journalists Exempt From Overtime?

A $660,000 settlement for reporters recently caused both celebration and ire in the journalism community. The celebration was for a victory on behalf of hard-working reporters everywhere. Many reporters work deadly hours for little pay. This decision provides them with some relief, requiring newspapers to pay them overtime for any week they work over 40 hours.

The consternation was caused by the reason for the settlement. The basis for the suit was that journalists are not "creative professionals." This left some reporters shaking their heads. Not creative? But I'm a writer! Of course I'm creative!

Really? Remember what happens to reporters who get too creative. They get unemployed. Forced to resign in disgrace. Publicly outed. Canned. And even sued. Of course, sometimes they get paid big bucks to talk about journalistic ethics.

The Fair Labor Standards Act requires most employers to pay overtime to most employees who work over 40 hours per week. Some employees are exempt, but most are not. One of the exemptions is for "creative professionals." The exemption is quite specific. Being an exempt creative professional involves  invention, imagination, originality or talent, as opposed to intelligence, diligence and accuracy. It also requires that the employer not exercise substantial control over the creative professional's work product.

Most print journalists are probably not exempt, because their work is subject to a significant amount of control by their employers. Journalists who perform on radio or TV, who do investigative interviews, who do opinion pieces, editorials or other commentary are probably exempt. On the other hand, a journalist who simply reads press releases over the air is probably not a creative professional. 

This is not the first case where journalists were found not to be exempt from overtime. A case in 2010 in California resulted in a $5.2 million verdict in favor of reporters of the Chinese Daily News. Unless the journalist does analysis of a news story, and their work is not subject to editing and other control by the paper, then they are probably exempt.   

Here’s what the Department of Labor says about this issue:

Relying upon federal case law, the final regulations clarify that employees of newspapers, magazines, television and other media are not exempt creative professionals if they only collect, organize and record information that is routine or already public, or if they do not contribute a unique interpretation or analysis to a news product. For example, reporters who rewrite press releases or who write standard recounts of public information by gathering facts on routine community events are not exempt creative professionals. Reporters whose work products are subject to substantial control by their employer also do not qualify as exempt creative professionals. However, employees may be exempt creative professionals if their primary duty is to perform on the air in radio, television or other electronic media; to conduct investigative interviews; to analyze or interpret public events; to write editorial, opinion columns or other commentary; or to act as a narrator or commentator. Thus, journalists’ duties vary along a spectrum from the nonexempt to the exempt. The less creativity and originality involved in their efforts, and the more control exercised by the employer, the less likely journalists are to be considered exempt. There is no “across the board” exemption for journalists; nor has there ever been. Rather, each determination must be made on a case-by-case basis, as is the case with all job classifications. The majority of journalists, who simply collect and organize public information, or do not contribute a unique or creative interpretation or analysis, are not likely to be exempt.

If newspapers want to have exempt employees, maybe they should cut back on that editorial pen and let reporters choose the stories they want to cover. Since that will probably never happen, newspapers should be ready to pay overtime to their hard-working reporters.

Ask A Lawyer: How Can I Get Paid For Overtime?

How can you get paid for all the hours you worked? Whether it's getting paid vacation days or lunch breaks, lots of AOL Jobs readers have concerns about this issue, so I'm going to answer three readers' questions in this column. Please note: I'm giving general answers based on federal law. Your state may have laws with more stringent requirements for employers, so always check with an employment lawyer in your state about your specific situation.

Q: I work for a government agency and if we get any overtime, say on a Tuesday, we have to flex it in time off that week so that we don't get paid for it. The time we get off is straight time not time-and-a-half. They make us flex our time off if we work more than an eight-hour day. Is this legal?


For answers to this and other questions about wages, overtime and holiday pay, check out my new column in AOL Jobs.

Are You Entitled to Overtime Pay? Probably

You may have read about the recent Supreme Court case saying pharmaceutical representatives aren’t entitled to overtime because they are outside salespeople. That’s because they fit within one of the narrow exemptions to the Fair Labor Standards Act, which is the law requiring employers to pay overtime to most employees who work over 40 hours per week.

            The truth is, most employees are not exempt. That means you are probably entitled to be paid overtime if you work over 40 hours/week. Just because you’re paid a salary doesn’t mean you aren’t entitled to overtime. Your company can’t offer compensatory time (or “comp time”) instead of paying you. And they can’t average your hours over two or more weeks either.

            If you aren’t exempt from overtime, you are entitled to be paid at time and a half for any week you work over 40 hours.

Here are some of the types of employees who are exempt from overtime if they are white collar workers (blue collar workers and first responders are not exempt):

Executives: If you’re paid a flat salary of at least $455/week, and your primary job duty is managing either the company or a department/subdivision, you may be an exempt executive. You must supervise at least two full-time employees, and have the authority to hire and fire them, or at least make recommendations on hiring and firing that are seriously considered. If you’re the Vice President of Operations supervising 100 employees, you’re probably exempt, but they can call you the Grand Poobah of the Shipping Department and it won’t make you exempt if you don’t actually supervise anyone.

Administrators: If you’re paid a flat salary of at least $455/week, and your primary job duty is office or non-manual work directly related to management or business operations of your company or your company’s customers, you may be an exempt administrator. Your job must involve using discretion and independent judgment regarding matters of significance. For example, a store manager may be exempt, but the cashier is almost certainly not.

Learned Professional: If you’re paid a flat salary of at least $455/week, and your primary job duty is performing work requiring advanced knowledge, predominantly intellectual, and the consistent exercise of discretion and judgment, you might be an exempt learned professional. Your advanced knowledge must be in a field of science or learning and be obtained through a prolonged course of instruction. As an example, lawyers are exempt, but paralegals are not; RNs are exempt but LPNs are not.

Creative Professional: If you’re paid a flat salary of at least $455/week, and your primary job duty is the performance of work requiring invention, imagination, originality or talent in a recognized art or creative field, then you might be an exempt creative professional. As an example, investigative reporters are exempt but reporters who rewrite press releases or who write standard recounts of public information by gathering facts on routine community events are not.

Computer Employee: If you’re paid a flat salary of at least $455/week, if you are paid on an hourly basis, you’re paid at least $27.63 an hour and you’re a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field, you might be an exempt computer employee. Your primary job duty must be applying systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; or design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; or design, documentation, testing, creation or modification of computer programs related to machine operating systems; or a combination of these.

Outside Sales: If your primary job duty is making sales, obtaining orders or contracts for services or use of facilities and you regularly work away from the company’s place of business, you might be an exempt outside salesperson.

Highly-compensated Employee: If you make $100,000 or more, at least $455/week of which is on a salary basis, and you regularly perform at least one of the duties of an exempt executive, administrative or professional employee, you may be an exempt highly-compensated employee.

Motor Carrier: If you are a driver, driver’s helper, mechanic, or are involved in vehicle safety or a motor vehicle used as transportation for compensation on public highways in interstate or foreign commerce then you may be exempt as a motor carrier and are instead governed under the Motor Carrier Act of 1935 instead.

Seasonal Amusement or Recreational Workers: If you work in an amusement or recreational establishment that doesn’t operate for more than seven months in any calendar year, or if its average receipts for any six months of the year weren’t more than 33 1/3% of its average receipts for the other 6 months of the year, you may be an exempt seasonal amusement or recreational worker.

These are some of the main exemptions. There are lots more, such as live-in domestic workers, car and boat salespeople, and movie theater employees.

Confused? So are most employers, which is why many get it wrong. Fortunately, the Department of Labor has online resources to help. You can start with the handy-dandy Overtime Security Advisor that can guide you through the exemptions and requirements. The Occupational Index is an alphabetic listing of many occupations and whether they are exempt or not.

You can’t legally waive any part of the Fair Labor Standards Act, so if your company policies or your employment contract say otherwise, you still may have the right to overtime. And you almost always have to be paid minimum wage, so if you’re working 100 hours a week and making $455/week, your employer is probably breaking the law.

The consequences of violating the overtime requirements are that your employer might have to pay double the amount owed you, plus attorney’s fees and costs. When in doubt, contact an employee-side employment attorney in your state to find out your rights.

10 Tricks Employers Use To Cheat Workers Out Of Overtime

Most employees are entitled to be paid overtime for any hours worked over 40 in one week (and no, your employer can't average two or more weeks together). Unless you work for a tiny and purely local employer, or fall within a specific exemption, your employer is legally required to pay you time and a half for all overtime worked. But some employers, in an attempt to cut costs, are using tricks to avoid paying overtime. As reported by AOL Jobs and USA Today, the number of lawsuits filed by employees alleging that they were owed overtime pay is skyrocketing; there was a 32 percent increase last year, compared to 2008.

As an employment attorney, I've seen lots of maneuvers, but below are the 10 most common tactics that I've seen employers use to cheat workers out of their hard-earned overtime pay:


To read more, see my article on AOL Jobs.

Salaried Workers, Do You Get Overtime Pay? Odds Are You Should!

Just because you're salaried doesn't mean you're automatically exempt from overtime. Most employees are entitled to be paid overtime (1.5 times your regular hourly rate) under the Fair Labor Standards Act for any hours worked over 40 per week. Some employees are exempt, but not nearly as many as most employers and employees assume.

If your employer is treating you as exempt from overtime, odds are they got it wrong. Here are some ways you might be exempt from overtime.

Read more on AOL Jobs.


Thanks again to Gina Misiroglu of Red Room for putting me in touch with the AOL people!