Mandatory Overtime Laws

Don’t be a Victim of Overtime Violation…Know the Law

Since 1938, mandatory overtime laws have been in place under the Fair Labor Standards Act to ensure the rights of employees regarding their wages.  FLSA is a protective act which states that certain employers are required to provide overtime pay non-exempt employees for hours worked in excess of a 40 hour workweek.

Generally what determines exemption status for each position within a company is an employee’s duties and salary.  Enterprises could be exempt depending on annual business volume as well.  If you have a question on your employee exemption status, contact our overtime law firm and/or your local Department of Labor Wage and Hour Claims Division office.

Unless you live in a state that regulates mandatory overtime for certain categories of workers, your employer is likely able to set whatever work schedule it desires, as  mandatory overtime is not regulated by the FLSA – only the manner in which workers must be paid for overtime hours is dictated by the FLSA.

Can Overtime Be Mandatory?

According to the FLSA your employer can require you to work overtime and can fire you if you refuse. There are several instances where an overtime work requirement makes sense to both the employer and the employees. Jobs with mandatory overtime may include jobs such as:

  • EMTs
  • Construction Workers
  • IT Professionals
  • And more

Class Action Lawsuits regarding Mandatory Overtime Laws are on the Rise

Today’s declining economy has the working class feeling the crunch and a rising number of people are more concerned than ever about the money they make and where their time is spent in the workplace.

Example Case: Brown v. Lululemon Athletica Inc. Overtime Mandatory Meetings

In the case of Brown v. Lululemon Athletic Inc., disgruntled workers have brought a class action suit against their employer stating an alleged FLSA violation.  A class of upwards of 1400 people are suing the athletic company stating they were required to work off the clock on company related duties such as attending 2 hour staff meetings monthly without overtime pay, mandated viewing of inspirational DVD’s from home, and the taking of exercise classes.  An estimated 5 million dollars in damages could be awarded to the victims considering the uncompensated work put them in overtime pay.

Are You Owed Mandatory Overtime Pay?

If you are a victim of a potential FLSA violation such as this, contact an overtime attorney immediately as claims of this nature are time sensitive and subject to strict time limitations. Complete our free online Case Evaluation Form to find out if you have a viable claim against your employer.