Common FLSA Overtime Problems

Do Any of These Sound Familiar?

FLSA Overtime Law. If you have experienced any of these, you may be entitled to recover money for double your overtime pay. Contact us and one of our overtime lawyers can give you more information and review your specific circumstances. You can submit your information using the Lore Law Firm’s free and convenient Case Evaluation Form or email us.

• You are paid a “flat salary” or “straight time” no matter how many hours you work, but you are not really involved in management, supervision or decision making for the business. The FairPay Overtime Rules define the differences between exempt and non-exempt employees.
• You are required to setup or close out “off the clock” (either before or after clocking out) work before your scheduled time.
  • You take work home with you, or work during your lunch or break times but do not include the time spent working on your time record and your employer permits this.
  • You spend significant time responding to BlackBerry, email and/or text messages when you are “off the clock”
• If you work 50 hours one week and 30 hours the next (for an average of 40 hours per week), you are paid for 80 regular hours with no time and a half for the hours worked in excess of 40 in a single workweek.
• You do not receive overtime pay for hours you work that exceed 40 hours in one week because you didn’t “put in” or get permission to work overtime, although your employer knows (or has reason to believe) you are doing the work.
• You are treated as an “independent contractor”, but your work is largely controlled by the company. (See factors to consider in determining if you are an independent contractor).
• Your employer doesn’t keep track of your hours or does so in a sloppy manner that results in you getting shorted on your time.
• You are periodically paid a “bonus” or something “extra” instead of being paid time and a half for each hour worked over 40 in a single workweek.
• Your bonuses, shift differential, commissions and/or other incentive pay are not included when calculating your overtime pay rate.
• You don’t receive overtime pay because you are paid a “salary” and/or given the title of manager, assistant manager or supervisor and are classified as an exempt employee, even though you do not “manage” or direct other employees or the business. You don’t have the authority to hire or fire others and your suggestions on such are not given any real weight.
• You work for tips, but
  • your tips combined with the wages paid by your employer do not equal the minimum hourly wage ($7.25 per hour effective July 24, 2009 / $6.55 per hour prior to July 24, 2009) and your employer does not make up the difference.
  • you are required to share your tips with managers, dishwashers, cooks, chefs or others who are not entitled to share in tips.
• You don’t work for the government, but are given “comp time” instead of one and a half times your normal hourly wage.
• Your employer requires you to wear a uniform, but makes you bear the cost. Because of the uniform costs you end up earning less than the minimum wage ($7.25 per hour effective July 24, 2009 / $6.55 per hour prior to July 24, 2009) and it cuts into your overtime pay.
• You are required to wear a uniform or other specialized gear, but are required to change at work before clocking in and/or after clocking out.
• You are required to be “on call” when you are not scheduled to work and must be able to report to work within a short period of time.
• You are a Field Service Technician and must call in each day from home to get the day’s schedule, but are not treated as being “on the clock” from this point on and are not paid for traveling to the first job of the day.

If any of these situations sound like yours, you may have a valid overtime lawsuit against your employer. Fill out our free Case Evaluation Form today so that one of our experienced overtime lawyers at the Lore Law Firm can help you decide if you should pursue your claim.

Disclaimer: This information has been provided based on hypothetical scenarios and are provided for general informational purposes only, and should not be relied on, or considered as legal advice. Under no circumstances does this informational response create an Attorney-Client relationship. Any Attorney-Client relationship must be entered into via a specific written agreement.