Blog | Unpaid Wages & Overtime Law Blog

Q. What if I am a Tipped Employee? A. If an employer elects to use the tip credit provision, it must inform the employee in advance and must be able to show that the employee receives at least the minimum wage when direct wages and...

| February 26, 2010

What if I am a "salaried" employee?

Q. What if I am a "salaried" employee? A. The manner in which an employee is paid does not determine their right to overtime pay. Rather, it is an employee’s job duties that determine if they are exempt from the overtime rules. Even if you...

| February 26, 2010

What if I agreed to work for a "flat salary"?

Q. What if I agreed to work for a "flat salary"? A. If an employee is covered by the FLSA, and most are, an employer cannot disregard an employee’s overtime hours even if the employee agreed to work for a fixed amount of pay, regardless...

| February 26, 2010

What if I get "Comp time" instead of overtime pay?

Q. What if I get "Comp time" instead of overtime pay? A. The granting of comp time instead of paying for overtime is not generally permitted, unless you work for the government.

| February 26, 2010

What if I get a "bonus" instead of overtime pay?

Q. What if I get a "bonus" instead of overtime pay? A. While some employers may offer to compensate employees for overtime work by paying some type of a "bonus OT," this type of arrangement is not generally permitted by law.

| February 26, 2010

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

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| February 26, 2010

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