Questions About Unpaid Overtime
The Fair Labor Standards Act (FLSA) requires that all covered, nonexempt employees be paid at least the minimum wage for all hours worked.
FLSA also provides that covered, nonexempt employees who work more than 40 hours in the work week must receive at least one and one-half times their regular rate of pay for the overtime hours (hours worked over 40 in a work week).
A work week, which can begin on any day of the week, is seven consecutive 24-hour periods or 168 consecutive hours.
A covered, nonexempt employee must be paid for all hours worked.
U.S. employees are allowed several protections under the Fair Labor Standards Act (FLSA). This includes “premium pay”–also known as overtime–for hours that are worked in excess of the 40-hour work week.
The overtime rate is 150% of normal pay and is typically referred to as “time-and-a-half”. Alarmingly, many employees are being denied their rightful compensation by their employers. These disputes have increased substantially in recent years, with more Americans claiming violations of the FLSA laws. In such cases, seeking the guidance of experienced employment lawyers, such as those at HKM in Irvine, CA, can help employees understand their rights and pursue the appropriate legal remedies to ensure fair compensation.
The overtime rules of the FLSA are enforced by the Wage and Hour Division of the U.S. Department of Labor (DOL). DOL agents gather data from everywhere to determine employees’ adherence to the policies of the FLSA. They will also offer guidance to bring unpaid overtime offenders into compliance. Employers who violate overtime pay requirements are subject to penalties. Also important to note: it is illegal for employers to retaliate against employees for filing unpaid overtime complaints.
According to the FLSA, employees may file a suit for the unpaid overtime they have not received. An employee may not bring an unpaid overtime suit if he or she has already been paid back wages or if the Secretary of Labor has already filed suit to recover these wages. The statute of limitations on recovering back pay for unpaid overtime is two years. On occasions where the overtime compensation violation was deliberate on the part of the employer, the statute of limitations is three years. Over the past few years, complaints about unpaid overtime have almost doubled–and this number does not include suits filed under the state law. These complaints are not just coming from wait staff or retail workers, either. They also include employees who earn much higher wages.
Have you been denied overtime pay, wages, or compensation? Contact the Rasansky Law Firm online, or call our offices anytime at (877) 659-1620 to discuss your situation with our experienced nursing home abuse attorneys. In the complimentary consultation, our attorneys will review your experiences and situation and provide you information regarding your legal rights, options, and responsibilities. We demand strict professional standards. Our Dallas-based attorneys are among the best employment and overtime pay lawyers and have resolved many multi-million dollar personal injury cases. We are passionate about our role as advocates and treat our clients with complete respect and compassion. We are committed to utilizing all available legal advantages and tactics to successfully resolve your personal injury claim.
Need some help? Get in touch with us today!
1-877-659-1620