Overtime Dispute Claims Overview
The standards for things such as minimum wage, child labor, and overtime pay are established by the Fair Labor Standards Act (FLSA) that is administered by the Wage and Hour Division. According to accepted guidelines, eight hours of labor constitutes a day's work. Employees that work beyond eight hours on any given workday or employees that work more than six days in a workweek should be compensated for their overtime. Overtime pay should not be less than one and one half times the employee's regular rate of pay or double the employee's regular rate of pay based on the amount of overtime the employee has worked. There are some classifications of employees that are exempted from overtime pay. This means that the overtime laws do not apply to these employees. However, employees that feel they have been unjustly denied overtime pay should contact experienced overtime law attorneys.
If have not been paid all the money you've earned from working overtime, you might have a legal claim against your employer. Contact an overtime dispute attorney in your local area to discuss your claim today.
FLSA Overtime Requirements
If an employer either requires or permits an individual under their employ to work more than 40 hours per week, the employer may be obligated to pay for the employee for this overtime work.
Below are some of the FLSA overtime requirements:
— For non-exempt employees, overtime pay for hours worked in excess of 40 within a workweek is required. However, the FLSA does not require overtime pay for hours in excess of 40 that occur on holidays, Saturdays, or Sundays.
— The workweek is the basis for determining overtime pay. A workweek consists of a fixed and routinely recurring period of time. This period of time is 168 hours. A workweek does not have to be a calendar week, and different workweeks may be established for different groups of employees.
— The regular rate of pay received by the employee cannot be less than minimum wage. Payment for overtime work is not part of the employee's regular rate of pay. Overtime pay is considered a premium payment.
— Even if an employee has a fixed salary for a regular workweek that exceeds 40 hours, the FLSA statutory obligations in regard to overtime are not discharged.
— Overtime pay cannot be waived by either the employer or the employee. If an employer states that overtime will not be permitted or that overtime must be authorized in advance, an employee may still be eligible for overtime pay if their workweek exceeds 40 hours.
Getting the Money You Deserve
Simply because an employer refuses to pay an employee for overtime worked does not mean that the employee is not entitled to this premium payment. Overtime law attorneys can review the employees can and determine if they are owed overtime payments. If employees are entitled to payment for the additional work, overtime law lawyers will work diligently to obtain the money to which the employee is entitled. An attorney will utilize either negotiation or litigation tactics to recover the employee's lost wages. Overtime law firms can provide the legal guidance and counsel employees need and deserve.
If your employer has refused or neglected to pay you overtime wages, you may have a legal case to recover the money you're owed. Contact an overtime dispute attorney in your local area to discuss your claim today.