Hourly employees are paid based on the amount of time they work. Most workers paid an hourly wage are entitled to protections under a federal law known as the Fair Labor Standards Act (FLSA). Regulations under the FLSA include guaranteed overtime pay to employees who do not fall under any of the specific exemptions provided for any time worked over 40 hours within a single week. At Lore Law Firm, we help hardworking employees like you recover the overtime pay to which they are entitled. If you believe your employer is improperly calculating your overtime pay or withholding overtime wages from you, we may be able to help.
What Protections Do Hourly Pay Workers Have Regarding Overtime Pay?The FLSA mandates the standards employers in the United States must meet for things like overtime pay and minimum wages. However, some workers are exempt from these federal protections. With that being said, it is primarily white-collar workers who end up being exempt; blue-collar workers and employees who perform manual labor are most often non-exempt from FLSA regulations – meaning, they are entitled to overtime pay. Since the FLSA standards are the bare minimum for employee protections, many states have opted to expand these regulations and offer more protections for the workers in their state. Some of these states have implemented daily overtime pay laws. Employees working in these states can be entitled to overtime pay for any time worked over a particular number of hours in one day. In these states, workers do not need to exceed 40 hours of work during a standard workweek to be entitled to overtime pay.
How Can an Employee Rights Attorney Help You Recover Overtime Pay?If you are unsure what your overtime pay rights are in your state or for your profession, discuss your situation with an experienced employee rights attorney today. Your lawyer will be familiar with the local and federal overtime laws and can launch an investigation into your company’s payment practices. When you choose to partner with Lore Law Firm, we will determine if your company is in compliance with FLSA, state, and local overtime pay laws. If necessary, we can prepare your case for court and proceed with litigation to recover any wages that you may be owed.
Common Ways Employers Try to Avoid Paying OvertimeSometimes an employer will try to avoid having to pay overtime wages to their hourly employees. In some cases, an employer will attempt to avoid paying an employee overtime by misclassifying them or giving them a particular job title so that they may qualify for exemption from FLSA. However, most hourly wage employees are non-exempt regardless of their job title and must receive overtime pay of one and a half their regular rate for any hours exceeding 40 in a single workweek. Make sure your employer is paying you properly for time spent:
- Staying late
- Doing work at home
- Cleaning and preparing equipment
- In training or safety classes
- Traveling on behalf of your employer
- Undergoing security or health checks on site