Unpaid Overtime Law

Every year, thousands of employees fall victim to Fair Labor and Standards Act violations made by their employers. In 2003 alone, the Wage and Hour Division collected more than $212 million in back wages due to overtime pay violations. Violating the overtime laws set by the Fair Labor and Standards Act is illegal.

Fair Labor and Standards Act

An employer who requires or allows an employee to work overtime is usually required to pay the employee premium pay for their overtime work. Employees covered by the Fair Labor and Standards Act (FLSA) must receive time-and-a-half pay for hours worked over 40 during one workweek. To calculate your overtime pay rate, multiply your regulary hourly rate by 1.5.

The FLSA does not require extra pay for working weekends or holidays, unless overtime hours are worked. Extra pay for weekend and holiday shifts are under the discretion of the employer.

Non-Exempt & Exempt Overtime Employees

Occupations, wages and duties (not job titles) determine eligibility for overtime pay. While the specifics of overtime law can be confusing, overtime pay guidelines have been established to outline the basics of non-exempt and exempt employees. If you are a non-exempt employee and not receiving overtime pay for your extra hours, an overtime lawyer can help.

Many employers use overtime scams to avoid paying overtime to their employees. Some employers force employees to work off the clock when they should be receiving overtime pay. Other companies misclassify employees as salaried managers, even though their job duties are the same as non-managerial employees.

Filing an Overtime Claim

If you are not receiving the overtime you deserve, filing an overtime claim may be easier than you think. Many overtime lawsuits are won simply because employers fail to properly keep hour and wage records of their employees. This makes it very difficult for an employer to dispute what hours the employee worked. If an employer fails to pay proper overtime and wages, the employee may receive damages equal to the unpaid overtime or proper wages, an equivalent amount in liquidated damages and pre-judgment interest.

The specifics of overtime law and minimum wage can be complex, so you may want to enlist the help of an experienced overtime attorney. The overtime lawyers at Gelch & Associates, P.A. can determine if you should receive overtime and how to collect unpaid overtime pay. For more information please contact our office at 1866-780-HURT or  info@gelchlaw.com