Overtime Pay Disputes
The Fair Labor Standards Act (FLSA) requires all employers to pay all non-exempt employees the federal minimum wage as well as overtime pay for all hours worked over 40 in a given work week.
Employees must be paid for all hours worked within a given work week, including all time an employee is on duty, working from home, travel time, waiting time, training, and probationary periods.
Overtime laws are very specific and are to be adhered to by all employers. When the failure to pay proper overtime is determined to be intentional, a successful overtime pay claim can result in monetary damages in addition to the amount already owed to the employee.
Legal claims regarding overtime pay can be brought against current or previous employers, and if it is brought against a current employer, it is illegal for them to retaliate against you or fire you as a result of the overtime pay dispute.
A common misconception regarding salaried employees is that, because they are paid a salary, they are not entitled to receive overtime pay.
In reality, many salaried employees are entitled to receive overtime pay. Employers often use the employee’s assumption that salaried employees are not eligible to receive overtime pay to the benefit of their bottom line. The FLSA has strict requirements which an employer must follow for an employee to be designated as “Overtime Exempt.” These include:
• The employee is paid on a salaried basis
• The salary meets regulation requirements
• The employee’s duties meet the requirements
If you believe you have not been paid overtime wages, it is important to contact an experienced attorney immediately. Please call us for a free consultation at 888-238-2686.