Blog | Unpaid Wages & Overtime Law Blog

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

If I am successful, what will I receive?

Q. If I am successful, what will I receive? A. When plaintiffs prevail, they are entitled to recover all unpaid overtime for two or sometimes three years prior to the filing of a lawsuit. In almost all cases, they are additionally entitled to an award...

| February 26, 2010

What if I am an "independent contractor?"

Q. What if I am an "independent contractor?" A. There are specific legal requirements for determining if someone is an independent contractor. Often times employers will label someone an "independent contractor" when, in fact, they are not. There is no single rule or test for...

| February 26, 2010

What is a "workweek?"

Q. What is a "workweek?" A. The term "workweek" means a period of 168 hours during 7 consecutive 24-hour periods – a 7 consecutive day period. A workweek can begin on any day of the week chosen by the employer, and each workweek stands alone;...

| February 26, 2010

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