A lot of people ask me about why I charge a Consultation Fee of $300. Employment Law is different from other areas of the law. For example, with a traffic accident case, a lawsuit can be filed shortly after the accident. So a number of attorneys provide free consultations to individuals because a decision on filing a lawsuit can be made shortly after.

For people with Employment Law issues, the situation is a lot more complicated. Employment law requires employees and former employees to follow a “process” or protocol in order to address their issues. The purpose of meeting with me is to find out where you are in that required process and what options you may have.

The consultation fee is to make sure that only people who are serious about pursuing a path that may result in a lawsuit meet with me. The fee is also based on my years of training and experience to help guide you to the next steps. You are getting the benefit of my real world experience in employment law and other areas of the law. That is why a Consultation Fee is required.

Do I qualify for overtime pay?

On Behalf of | Apr 8, 2021 | Employment Law |

Workers in Hawaii deserve to be fairly compensated for their time spent at work. Unfortunately, some men and women are not familiar with their rights when it comes to overtime pay. Some of this might come down to confusion between nonexempt and exempt employees. 

Do nonexempt employees get overtime? 

Barring a few exceptions, the Fair Labor Standards Acts dictates that nonexempt workers be paid overtime for working any amount of time longer than 40 hours in a single week. Overtime pay is one and a half times that of a worker’s regular pay. Many job positions are considered exempt, especially those that are hourly positions. 

What is an exempt employee? 

An exempt employee is someone who is not entitled to any overtime pay, even if he or she works more than 40 hours in a single week. Certain professions are considered exempt regardless of outside factors, such as airline employees or outside sales staff. However, workers who are not in a profession that is exempt by definition might still be considered exempt if they meet the following three qualifications: 

  • Earns at least $23,600 annually 
  • Receives a salary wage 
  • Is required to perform exempt job duties 

While the income qualifications might be straightforward, exempt job duties might be a little confusing. In general, an exempt job duty is considered relatively high level in regard to a company’s operations and may be considered executive, administrative or professional. If a worker in Hawaii does not perform exempt job duties or meet the income qualifications, but has not been fairly compensated for working more than 40 hours in a single week, he or she might want to consider taking action to secure backdue overtime pay.