Time-and-a-Half for Overtime
The Fair Labor Standards Act requires employers compensate their employees time-and-a-half their normal rate of pay for hours worked over the standard 40 hours per week. Employers often attempt to skirt around this obligation by misclassifying an employee as exempt or having them perform work off-the-clock. It is also a violation of the FLSA for employers to give employees days off or time off to make it up to their employees for having to work unpaid overtime.
If you qualify and you work overtime, you are entitled to time-and-a-half pay.
Overtime Pay for Salary or Flat-Rate Employees
A common myth in employment law is that employers are not obligated to give overtime pay to salaried or flat-rate workers. Sometimes, employers give their employees a salary when they should be classified as hourly workers. The FLSA does not just take salary/hourly into consideration, but rather the total amount an employee is getting paid. The FLSA also takes into consideration whether the employee’s job duties perform a management function, or involves independent decision-making. If, after further evaluation, an employee does not meet the federal requirements for “exempt” status, then they must be paid overtime.
Do Any of the Following Apply to You?
If the following apply to you, you may have a claim against your employer.
- I get paid hourly, but am not compensated time-and-a-half when I work 40+ hours per week.
- I am an hourly worker at my company, but I’ve never received overtime pay to my knowledge.
- There is work I have performed for my employer that I’ve never been compensated for.
- I am asked to perform job-related duties while off the clock.
- I get a salary (I’m not an hourly worker) but my job duties are similar to hourly employees.
- I’m paid a salary but I think my employer is doing that to avoid paying me overtime.
- I get paid a “day rate” or “per piece” or “per job” rate.
- My employer says I’m an “independent contractor,” but I’m treated just like an employee.
- I frequently work through my breaks, but that time is still subtracted from my paychecks.
- I have a non-overtime related claim against what I think is employer's wrongdoing.