Overtime laws (The Fair Labor Standards Act or the FLSA) require employees to be paid one-and-a-half times (1.5x) the regular rate for all time worked over forty hours per week.
- Overtime laws may apply whether you are paid salary, hourly, or by the piece.
- Overtime laws may apply, in certain cases, when you are paid by commissions.
- You may be entitled to overtime even if you are paid in cash.
- You may be entitled to overtime even when your time records or paystubs do not correctly reflect the hours you worked.
Common violations include
Straight time. Paying “straight time” wages for overtime hours – being paid the same the rate for all hours worked.
Meal and Break time. Deducting time for meal or rest breaks while being required to work during the time. If your meal period is subject to interruption, you may be entitled to compensation or overtime pay.
Managerial Titles. Misclassifying an employee with the title of “manager,” “supervisor,” or “foreman,” while the employee performs the same or similar job functions as his/her co-workers. The title of the employee is not determinative of whether you should be paid overtime. Your job functions are determinative of whether you are entitled to overtime.
Independent Contractor. Employers frequently misclassify employees as “independent contractors,” make them sign contractor agreements, or have pay employees through a corporation they opened, as an attempt to evade the requirements of paying overtime. The title of “independent contractor” and agreements signed are not determinative of whether you should be paid overtime. Your job functions and the actual legal relationship of the parties are determinative as to whether they are an employee or independent contractor.
Working off-the-clock overtime. If the employer requires you to perform tasks before you clock in, or remain working after you clock out, then you are entitled to be compensated. This is so, even in situations where you have agreed to not be compensated for the time.
On Call Time. Working from home during after-hours, including bringing work at home, answering work related phone calls or answering emails is compensable. You may be entitled to recover for the time spent working after-hours.
Travel time. Not being paid for the time spent traveling between job sites during the course of a workday. Not being paid for the time spent in the morning traveling from the office to a job site, or the job site back to the office.
Averaging two weeks. Overtime is measured on a weekly basis, regardless on the length of the payperiod. You are entitled to overtime wages when you have worked over 40 hours in the first week, and under 40 hours in the second week, even though your total hours for the two weeks are 80 hours or less. For example, if you worked 45 hours in the first week and 30 hours in the second week. You would be entitled to overtime in the first week, even though the total hours are less than 80 hours. Establishments engaged in the care of the sick, aged or mentally ill, such as hospitals may elect to pay overtime after 80 hours in two weeks.
Meeting or Training. Time spent by an employee at a meeting or training session is compensable.
The examples set forth above do not represent all forms of overtime claims. Our firm has extensive experience in litigating overtime claims. Our firm’s employment and labor attorneys can help you recover the wages you are owed. However, there are some exemptions that apply to overtime laws. Our attorneys can help you determine what your rights are with respect to your facts. If you believe you were not paid all of your overtime wages or have any other question regarding your pay, contact us today or call (305) 481-9584.