Blog | Unpaid Wages & Overtime Law Blog

What if I didn’t report or ask for my overtime?

Q. What if I didn’t report or ask for my overtime? A. It probably does not matter. It is the employer’s obligation to control and document your work. If the employer does not want work to be done it must prohibit it. Failure to ask...

| February 26, 2010

How do I prove the amount of time I worked?

Q. How do I prove the amount of time I worked? A. It is the employer’s obligation to maintain accurate and complete records of the time worked by employees. If an employer does not maintain proper records, the employee is entitled to recover based on...

| February 26, 2010

What if I did not get permission or ask for the time I worked?

Q.What if I did not get permission or ask for the time I worked? A. In most cases, failure to ask is not a defense for an employer in an FLSA case.

| February 26, 2010

Can my employer make a "different deal" with me for "OT?"

Q.Can my employer make a "different deal" with me for overtime work? A. In almost all cases no. Employers and employees who are covered by the FLSA are not free to bargain for either a wage that is below the minimum wage, or for work...

| February 26, 2010

Disclaimer: Please Read

Disclaimer & Notice By submitting this form, you understand that this information is being submitted only so that it may be reviewed and considered by our firm. Submitting this form does not establish an attorney client relationship and does not obligate us to represent you. We...

| February 26, 2010

What is Chinese Overtime?

Q. What is Chinese Overtime? A. If an employee is paid a fixed salary each workweek for hours that vary up and down from week to week, the employer may use an overtime calculation method called "fixed salary for fluctuating workweeks". This is the method...

| February 26, 2010

Should bonuses be included when calculating my overtime?

Q. Other than my "base" pay, should any other payments I receive (eg. Bonuses) be taken into account when calculating my overtime rate? A. In most cases – Yes. Unless your bonus is completely discretionary on the part of your employer, it must be included...

| February 26, 2010

How do the lawyers get paid?

Q. How do the lawyers get paid? A. While there is no "standard" arrangement, we handle overtime cases on a contingent fee basis. What this means is that our fees will be calculated as a percentage of any recovery or judgment we obtain for the...

| February 26, 2010

How long does a case take?

Q. How long does a case take? A. While most cases settle prior to a trial, the process can take from several months to several years. There are many factors that impact the timing in an FLSA case, including where the case is filed, the...

| February 26, 2010

Will I be taxed on my recovery?

Q. Will I be taxed on my recovery? A. Since you are recovering money that is owed to you for unpaid wages that would have been taxed had they been properly paid, the recovery will be taxed as income to you.

| February 26, 2010

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