Mandatory Overtime Pay Protects Employees across the Nation
The FLSA or Fair Labor Standards Act of 1938 was put in place to ensure that employees were given the rights they deserved and employers respected those rights. The regulations found in the FLSA include child labor laws, equal pay, mandatory overtime pay, minimum wage, and overtime laws.
One of the most commonly misunderstood aspects of overtime pay regulations is when mandatory overtime pay is necessary. These laws were specifically put in place to make sure that every United States employee receives additional payment after they have exceeded the federally determined threshold of forty work hours for the week. These laws are primarily enforced by the United States Department of Labor or private employment law attorneys who specialize in collecting unpaid overtime wages and work directly on behalf of the employees. Federal overtime laws allow a successful claimant to recover attorney’s fees in addition to unpaid overtime, allowing private wage and hour lawyers to typically handle these claims on a contingent fee basis – giving workers access to highly skilled lawyers without having to anything unless and until their claim is successful. Knowing who can protect you when you have questions or a concern is an important part of understanding mandatory overtime pay.
One aspect of mandatory overtime pay that has confused many people is how it applies regarding holidays and weekends. The facts are that employers, under federal wage laws, are not required to pay their employees any extra pay when they work a Saturday, Sunday, or holiday unless they work more than 40 hours that week. Another confusing aspect is whether an employer can “force” employees to work overtime. In almost all situations, mandatory overtime can be forced by employers, but the employee must be paid a premium for this time, unless they are properly classified as “exempt“. The premium pay must equal a full hour plus an additional half hour of pay for each hour worked that exceeds forty hours in a work week. Some state wage regulations have added protections. For example, some states such as California require an employer to pay their employees an additional wage when they exceed eight and/or twelve working hours in a single day. As an employee you have many rights and understanding these rights is essential to ensure you are being paid properly.
When you have questions about mandatory overtime pay, we have answers. Contact us today and see if your rights to mandatory overtime pay are being respected.