If you have worked more than 8 hours in a day, or 40 hours in a week and are not being compensated with overtime pay, when you are deserving under Federal law, you may be able to pursue legal options for recovery for unpaid wages. Your employer is not allowed to take advantage of you and deny you pay you are legally entitled by law. Share the details of your case with our experienced overtime lawyer who will:
- Ensure you receive fair treatment & overtime compensation under the law
- Guarantee you are treated with respect & dignity you deserve
- Help you pursue just lost pay recovery options
Based on the Fair Labor Standards Act (FLSA), all employees who are not exempt from overtime are entitled to one and a half their regular rate of pay for all hours worked in excess of 8 hours a day or 40 hours a week. There do exist, however, various exceptions and special rules to the requirements that must be considered to determine if you are eligible and qualify to file a claim which your flsa attorney will be able to help you determine.
It is estimated that 85% of the workforce is eligible for FLSA mandated overtime.
Labor laws can be violated in many ways, and a boss taking advantage of their staff is an all too common scenario. When looking at overtime violations, some of the most common abuses include a failure to pay for overtime hours when it is warranted, a failure or neglect to include non-discretionary bonuses in the calculation of overtime pay, and misclassifying employees as being overtime exempt, when in fact they are entitled to overtime.
While it is true that companies can make honest mistakes in the calculation of overtime, that does not negate your right to be fairly compensated and your wage and hour lawyer will be able to answer all your questions about how the employment laws apply to your situation and lay out what recovery options you may have available.
Your employer may be willfully violating your rightful pay under the FLSA, or may simply be unaware of his or her obligations. If you are uncertain as to whether you qualify, share the details of your case get the answers you need from our employment attorneys today.
Recently reported statistics from the Department of Labor show in 2008 there was a total of $140.2 million paid out to over 197,000 employees as the result of employer FLSA violations (DOL). Some of the violations reported include:
- Requiring employees to work off the clock
- Calculating hours as an average over two work weeks
- Claiming that the employee is not eligible for overtime pay because they did not obtain permission to work the extra hours
- Failing to pay workers for meetings, training sessions, on call time, take home work, and breaks lasting between 5 and 20 minutes
- Misclassification of employees as exempt from overtime
- Paying "comp" time instead of overtime
Don't put up with your company taking advantage if you rightfully deserve compensation for your work. When your employer illegally violates wage laws, it's time to speak with an overtime attorney to ensure you receive lawful compensation and recover what you are owed.Review My Case Now
The Fair Labor and Standards Act (FLSA) is the law which details the obligations of employers in regards to overtime pay.
The FLSA details the requirement for employer payment for all hours in excess of 8 per day or 40 per week.
It is also the law which dictates the required federal minimum wage, currently set at $7.25 per hour, effective July 24, 2009.
It should be noted that workers who receive tips and younger workers under the age of 16 may be exempt from the minimum wage requirement.
Is it complicated? Yes, but your employment lawyer will be able to quickly determine your eligibility.
While the law does mandate overtime pay for hours in excess of 40 per week and 8 per day, it does not mandate that employers pay overtime for weekend hours or holiday hours. That decision is left to the discretion of the employer.
The FLSA does allow for some laborer categories to be automatically eligible for overtime pay, regardless of their earnings. The workers included are:
- Manual laborers, or so called Blue Collar workers, who perform repetitive work utilizing their physical energy, skills and hands
- First responders such as firefighters, paramedics, and police
- Licensed practical nurses
If you are unsure if you qualify to file a claim, share what happened with our flsa lawyer who will be able to help determine what you are legally entitled.Review My Case Now
Section 13(a)(1) of the FLSA does provide employers exemptions for certain types of employees – notably those who are executive, administrative, or outside sales employees (defined as spending 20% or less of their time at the physical location of the company offices).
In order to satisfy the definitions of overtime exempt employees, there are certain tests that must be met. The use of the term "executive" or "administrative" in the employee’s job title is not sufficient for an overtime exempt classification. Your employer may try to persuade you that you don't qualify for overtime wages, don't take their word for it. If you are unsure, speak with an qualified labor lawyer to be certain how the employment laws apply in your situation. The best employment law firms know, employers are capable of all manner of deceptions - if they are willing to steal from you, they are willing to lie from you. You have fair compensation rights as a worker, don't stand for it.
The overtime exemption test is a two-pronged test that consists of both a duties test and a salary basis test.
An employee can meet the requirements of the salary basis test if they are paid a fixed amount in excess of $455 per week and there are no deductions to their fixed rate of pay based on the quality or quantity of their work.
The duties test is more complex, and differs for administrative, professional and executive employees. In general though, the duties test is met based on the actual duties performed by the individual, and is not based in any way on the job titles or job descriptions of these employees. Your attorney will be able to clearly determine your eligibility.
If you feel that your employer is avoiding their legal responsibilities in paying you rightful overtime pay, share the details with our unpaid overtime attorneys to get direct answers for your questions. Get your legal options, find out if you have a claim and what can be done to recover your lost wages.Review My Case Now
Your employment attorney will help make the claims filing process quick, easy, and painless, while ensuring your company takes your needs seriously. Many claims are awarded simply because employers fail to keep the necessary wage and hour records as required by FLSA, making for speedy justice. Rapid recovery is possible without the need for a lawsuit if your company chooses to pay a settlement rather than fight your claims.
In some cases, your job may be at risk, or you may be experiencing bullying or intimidation from your employer -- who may be eager to avoid responsibility. Don't let them get away with it, don't settle for your rights being violated. It's wage theft, and you shouldn't stand for it. Isn't it time you had a legal champion in your corner, fighting on your behalf? Your overtime lawyer will get your needs addressed while ensuring you receive fair treatment and just wage compensation under the law.
To learn more about how our legal professionals can help you recover the unpaid wages you are owed, simply share the details of your case to claim your free case review from one of the nation's leading labor lawyers. There is no obligation to proceed, and if you qualify and wish to pursue your legal options, there are no up front costs, if you don't win recovery, you pay nothing. Find out if you qualify to pursue recovery now.