Your overtime pay entitlement can vary depending on the state you live in. Different jurisdictions have different laws pertaining to wages and overtime and an unpaid overtime attorney can help you determine the precise amount you are owed under your state’s labor law code. Fortunately, the federal government has promulgated the minimum standards with regard to overtime payments with which all states must comply. Your state may offer additional or expanded overtime laws that provide greater protections than the federal Fair Labor Standards Act (FLSA) offers.
Under the FLSA, employers must pay employees at least minimum wage ($7.25) for the first 40 hours of work within a single work week. After a worker surpasses 40 hours of work, the employer must pay at least one and one-half times the worker’s hourly wage- whether it is minimum wage or higher. One common issue involves the manipulation of the definition of the “work week” in order to avoid paying overtime wages. The FLSA does not require employers to define the work week identical to the calendar, but the work week must contain 168 consecutive hours or seven consecutive 24-hour work days.
The FLSA does not place a limit on the number of overtime hours an employer can require (assuming the worker is not under age 16). In the even that an employee is not receiving adequate overtime pay and chooses to commence a claim, the employer cannot then retaliate against the employee for exercising his or her right to receive overtime payments. Unlawful retaliation by an employer constitutes a cause of action in and of itself and will not be tolerated.
The FLSA categorizes workers into two broad categories: exempt and non-exempt. Non-exempt employees are entitled to full overtime protections while exempt employees are not generally protected by the FLSA. Exempt employees include highly-compensated executives, administrators and professionals. Other exempt employees include computer professionals, home care workers, babysitters and those in outside sales positions.
If you believe you are entitled to overtime payment and have not received your due compensation from your employer, contact Deskin Law Firm today for more information about how you can commence a civil lawsuit to recover what you are owed.