Common FLSA Overtime Problems
Do Any of These Sound Familiar?
If you have experienced any of these, you may be entitled to recover up to double your unpaid 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.
Day Rate Pay with No Overtime
You are paid a “day rate” or “daily rate” with no additional overtime pay even though you work more than 40 hours per week. For example, you are paid a day rate of $200 per day for working 10 hours per day and 50 hours per week – receiving $1,000 for a 50 hour week, instead of the correctly calculated amount, $1,100.
Straight Time for Overtime
You are paid hourly at “straight time” for all hours worked each week, including those hours over 40. Hourly paid workers are almost always entitled to time and a half their regular hourly rate for all hours over 40 per week.
Salary with No Overtime
You are paid a set “salary” 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. Non-exempt employees may be paid a salary, however, they must be paid overtime. Calculating overtime pay due to salaried non-exempt workers can get a bit tricky.
Independent Contractor /1099 Status
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).
Off the Clock Work
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 email and/or text messages when you are “off the clock”
Hours Averaged over 2-Week Period
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.
Bonuses instead of Time & a Half for Overtime
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.
Bonuses / Shift Differential Not Included in Overtime Pay
Your bonuses, shift differential, commissions and/or other incentive pay are not included when calculating your overtime pay rate.
“Manager/Supervisor” Title but No Managerial Duties
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.
Tipped Employees – Minimum Wage or Tip Sharing Violations
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) 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.
Comp Time for Overtime
You don’t work for the government, but are given “comp time” instead of one and a half times your normal hourly wage.
No Pay for Putting on / Taking off Uniforms or Specialized Gear
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.
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 attorneys at the Lore Law Firm can help you decide if you should pursue your claim.