Overtime Law

The Fair Labor Standards Act, commonly known as the "FLSA," requires covered employers to pay their employees time and one-half their regular rate of pay for each and every hour worked over 40 hours in a work week.

Calculate Unpaid Overtime Wage

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Salaried Employees May Be Entitled To Overtime Too!

For "salaried" employees whose normal pay is not based upon an "hourly" rate, their regular rate requires calculating all of their compensation for a week, and dividing it by 40 hours. into an hourly rate. Just because you receive a salary does not mean you’re not entitled to overtime pay! Many times companies will try to deny overtime pay with the excuse that an employee is "salaried" and thus not entitled to overtime - but many times this practice is illegal!

Fair Labor Standards Act

Under the Fair Labor Standards Act ("the FLSA") non-exempt employees are entitled to time-and-a-half compensation, and the FLSA makes it illegal for an employer to withhold overtime pay from a non-exempt employee who works over 40 hours in a workweek. This means that any overtime worked in a particular workweek must be paid on the pay day covering the same pay period in which the overtime hours were worked.

Even so, employers often try to avoid paying overtime by misclassifying employees as "exempt," having employees work "off the clock," or refusing to pay employees for certain hours worked (such as putting on uniforms or equipment or putting these same things away).

Employers also sometimes do not pay any wages at all, claiming that they do not have the money or the tools, books, uniforms and the like were not returned. Very often this leads to a minimum wage violation under the FLSA, as this conduct is illegal in most circumstances. In other cases, employers do not pay full wages to employees or pay below minimum wage when the wages for the week are averaged. This is almost always an illegal wage violation under the FLSA.

No Volunteer Time - All Time At Work Must Be Paid!

It does not matter if you agreed to work for less than minimum wage or for free:

Under the FLSA an employee cannot waive their rights. So, when an employer strikes a deal with an employee allowing the employee to work off the clock for tips or for some other purposes, the employer still has to pay wages. The FLSA doesn't let employers take advantage of employees in this manner because it would be so easy for an employer to just claim "he just wanted to work a little more for free." The rule is that if the employer allows you to work, you have to get paid for all of the time you worked.

Remedies For Unpaid Overtime Or Nonpayment Of Wages

Under the FLSA, employees may file a private suit against their employer for unpaid overtime or minimum wage violations. In addition, FLSA enforces penalties on those employers who improperly classify their employees as "exempt." Congress intended the FLSA's remedies to deter violations as well as to compensate employees for underpaid work and consequently, depending on the violation involved, provide both "liquidated damages" and criminal penalties.

Violations of minimum wage and overtime payment requirements of the FLSA can lead to substantial paydays for underpaid or unpaid employees. Employees are entitled to be properly paid for every hour worked, and under the FLSA's liquidated damages provision wage differentials are almost always doubled to compensate the employee up to $2 for every $1 that was not paid to them on a timely basis. Finally, a prevailing employee is entitled to recover their reasonable attorney's fees and costs, so that the employer, not the employee, pays for the employee's legal services.

In addition to representing cases involving nonpayment of overtime, the experienced overtime attorneys at the Byrne Law Group have experience representing employees whose employer:

Refuses to pay minimum wages;
Pays below the federal amount for overtime;
Expects employees to work excessive hours for salary pay; and
Pays wages or salary with goods or services instead of money

Examples Of Common Overtime Violations

Paying "straight time" wages for overtime hours worked - being paid the same hourly rate even for hours over Forty (40), often in cash.
Not keeping accurate (or any!) time records of your daily start times, stop times, and actual total hours worked each week.
Deducting time each day for "meal breaks" even if you worked through your "so-called break."
Paying only a salary - just because you are paid a salary doesn’t mean you too aren’t entitled to overtime compensation.
Working in the title of a "Manager," "Supervisor," or "Foreman" but performing the same, or similar, job duties as other non-exempt workers on the job.
Requiring employees to perform work "off the clock" at the beginning or end of your work day.
Paying commission wages - even most employees who are paid partially, or entirely, through commissions are often entitled to overtime pay for hours worked over Forty (40) in a week.
Providing "comp time" benefits in lieu of overtime wages - the law generally prohibits private employers from giving employees "comp time" instead of overtime compensation for hours worked over Forty (40) in a week. And remember that you cannot waive your right to overtime - it’s the law!
Not being paid overtime wages which result from time an employee spends traveling from one job site to another during the course of his/her work day.
Being misclassified as an "Independent Contractor" despite performing the job duties that an employee does.
Commissions and/or bonuses not being calculated into the overtime rate which the law requires.

If you believe you might be entitled to overtime compensation or back pay, call the experienced overtime attorneys at the Byrne Law Group to discuss your case for FREE. Many times the Byrne Law Group will represent overtime clients on a contingency fee basis - which means you won’t have to pay any attorneys fees out of pocket to the Byrne Law Group! Learn more by calling 813-413-6565 right now.